CHILD WRONGFUL DEATH IN MARYLAND, WASHINGTON, D.C., PENNSYLVANIA, DELAWARE, AND VIRGINIA

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, respectfully invites you to contact us if you have lost a loved one --- especially a child --- and you believe their death was caused by a wrongful act or negligence. We are: "Still working. Still committed. Still here to make a difference."

We can help you.

There is no worse tragedy, no greater agony, and no greater injustice than the untimely death of a child.

When a child is born, no rational parent or other loving adult wants that child to predecease them. It is simply not the natural order of life. And, quite plainly, there are no words to describe the tremendous pain parents experience when their child dies.

Setting a price on human life is not a pleasant task, but it is one that courts and juries are required to do in wrongful death actions. Because the primary measure of damages in a wrongful death action is pecuniary (financial) loss, the death of a child or an elderly person may raise difficulties in arriving at an adequate damage award.

When an adult dies, the pecuniary loss to the family is readily quantifiable. For example, when a parent dies, a child may seek damages for loss of the parent's care, income, nurturing, and guidance. When a child dies, the parents' recovery is limited to their pecuniary loss, which can be quite small.

When a child dies, pecuniary injuries are determined by:

1. The age, sex, life expectancy, work expectancy, state of health, and habits of the child;
2. The child's earning potential;
3. The relationship of the decedent to those claiming a pecuniary loss; and,
4. The health, age, and circumstances of those claiming pecuniary losses.
   

Clearly, much of this inquiry involves speculation, and the younger a child is at the time of death, the more difficult it becomes to determine pecuniary loss to the parents.

A jury may consider what the child would have contributed to the parents' support, but this cannot be pure guesswork. Juries often use life expectancy charts as a starting point for calculations. Rules against jury speculation do not necessarily limit parents to small recoveries.

That's where we come in to make a difference.

Maryland Wrongful Death Laws and Intestacy Statutes:

Damages are distributed to the class of
people described below, in proportion to
their pecuniary loss.

Pecuniary loss is defined by the Maryland
Wrongful Death Statute and cases
defining the statute.

The spouse, child and parent may recover
lost financial support.

If there is no spouse, child, or parent, then
any person who is related by blood or
marriage to the victim and who was
substantially dependent upon the victim
may bring the action.

[See Md. Cts. & Jud. Proc. § 3-904 (2000); Md. Code Ann., Est. & Trusts, § 3-102, et seq (2002); Md. Code Ann., Est. & Trusts, § 3-102, et seq. (2002)]
and
[www.injurylawservice.com/ Wrongful Death Lawsuits Involving Children; injury.findlaw.com/ Torts and Personal Injuries/ Wrongful Death Cases: Children and the Elderly]