Cars, trucks and other motor vehicles are dangerous machines. These have to be operated with precision and care in order to avoid serious injuries and fatalities. Sadly, not everyone treated motor vehicles like this. Many people fail to recognize their danger since they are used so frequently in everyday life.
When people negligently operate motor vehicles and someone is killed, a wrongful death suit may be appropriate. In a wrongful death suit, a variety of damages are possible in Oregon. These damages help to compensate the families of victims of fatal motor vehicle accidents.
The situation, however, changes a bit when the accident victim is a child. While a fatal car accident involving a child is particularly tragic and emotional, wrongful death suits take a purely economic approach. Therefore, a variety of factors are taken into consideration to determine how much the child’s parents can recover.
These factors include the child’s potential earning capacity, the child’s life expectancy, the child’s health, the child age and the child’s habits. Other factors such as the relationship between the person bringing the suit and the child might also be considered. These factors often lead to speculation about the child and the actual financial loss suffered by the parents. Therefore, the potential compensation can be limited in some circumstances. In these situations, it is often up to a jury to decide the financial loss to the parents.
When a child is killed in a car accident, the family is likely very emotionally distraught. These emotions can make it difficult for people to think and react clearly. An attorney can help to give people guidance in these situations.