There is very little that any of us can imagine that is worse than the loss of a child. Somehow, a child’s death violates our sensibilities about the order of nature and the universe. In a “normal” world, death is inevitable, but we like to think that elderly parents will 
precede their grown children in death rather than having to bury their own offspring. When this does happen, it is a devastating and heartbreaking reality and many parents simply cannot deal with the repercussions. Wrongful death attorneys try to mitigate the emotional and mental trauma somewhat not only by collecting damages for the child’s death but by supporting the family in every way possible, through mental, moral, and psychological support.
This is a very difficult job because these attorneys must consider many legal questions when dealing with a child’s death. The statute of limitations, for example, may be different for a wrongful death case brought by the parents of a child victim than for an adult victim. It is also possible that the settlement negotiations or trial will be run along very different lines when the victim is a child due to economic differences between a child and an adult, as well as non-economic differences.
Children do not earn income, so their economic reality is different from that of an adult. However, the loss of a child may be more devastating than the loss of an aged parent, so the non-economic compensation may be figured differently as well. Attorneys for wrongful death must understand these differences to successfully navigate the obstacles inherent in these cases.
There are many obstacles that may arise in the course of a wrongful death claim. For example, unborn children are not considered people under California and therefore a pregnant woman cannot claim wrongful death if her fetus is killed in an accident. She can, however, claim other types of damages.
Another problem that arises when a child is the victim in a wrongful death claim is the lack of economic damages. When an adult is killed, the court can review the victim’s wages and earnings to determine how much he or she contributed to the family income. In most cases, children do not earn money, so this avenue of calculating the value of a claim is closed. However, most courts consider the loss of a child as the worst type of grief and will judge accordingly when figuring non-economic damages.
Losing a child is terribly difficult, and parents often need psychological as well as physical support. When a Sacramento wrongful death attorney assesses a case, he or she will review the need for mental and emotional support as part of the damages inherent in the lawsuit. Often, attorneys are able to help clients receive the grief counseling and other forms of psychological support they need by helping them collect the full amount of damages to which they are entitled. Whenever a child is killed, it is very important for the family to engage a professional attorney who understands these types of cases in order to protect the family’s rights and ensure they have the help they need to recover.