Wrongful Death Claims Involving Children or Elderly Victims

When a child or elderly parent dies due to someone else’s negligence, the emotional devastation is immeasurable. But from a legal standpoint, these cases face unique challenges—especially when it comes to proving the value of the life lost.

Insurance companies often argue that these claims are worth less because there’s no income or earning potential involved. But at Rosengard Law Group, we reject that logic. Every life has value—whether it’s the promise of a child or the wisdom and care of a senior loved one.

In this article, we’ll explain how New Jersey courts handle wrongful death cases involving children and elderly victims, how damages are calculated, and what we do to ensure families receive full and fair compensation.

Why These Cases Are Treated Differently in New Jersey

Economic vs. Non-Economic Damages

In most wrongful death cases, compensation is based on both financial and non-financial losses. Financial losses might include lost income, benefits, and services the deceased would have provided. Non-financial losses include companionship, guidance, and emotional support.

When the victim is a young child or elderly adult, financial losses are harder to quantify—because there’s often no salary, job benefits, or obvious monetary contribution to point to. This gives insurers an opening to undervalue the case.

That’s why proving the non-economic value of the person’s life is essential. Whether it’s a parent who provided daily caregiving, or a child with limitless potential, the emotional and practical losses suffered by the family must be documented clearly and powerfully.

Courts’ Approach to Intangible Losses

New Jersey courts recognize that not all losses can be measured in dollars. Judges and juries can consider things like:

• The emotional support the deceased provided to family members
• The loss of companionship, comfort, and guidance
• The impact on siblings, spouses, and dependents left behind

While these losses aren’t easy to measure, they are very real—and they matter in court. Our job is to make sure the court sees the full picture of your loss, backed by facts, testimony, and expert analysis.

Wrongful Death of a Child in New Jersey

Losing a child is a tragedy that no parent should ever endure. While no amount of money can replace that loss, the law allows families to pursue compensation when the death was caused by someone else’s negligence.

Unfortunately, wrongful death claims involving children often face greater resistance from insurance companies. Because children typically have no income or financial responsibilities, insurers argue there is little or no “economic loss.” But the law—and common sense—says otherwise.

Valuing a Child’s Life Legally

Under New Jersey law, courts can consider several factors when assessing the value of a child’s wrongful death claim:

• Loss of future income and earning potential – even if speculative, courts may consider the child’s education, health, and potential career path
• Loss of companionship, love, and guidance – the emotional bond between parent and child is real and meaningful, and it can be argued in court
• Loss of services – such as help around the home or care for siblings, especially in tight-knit family structures

We work with economists, psychologists, and other experts to demonstrate that the loss is not just emotional—it’s deeply personal and lifelong. Your child’s life had value. We make sure the legal system recognizes that.

To better understand how New Jersey defines and governs wrongful death claims, including those involving children and seniors, you can review the official statute: New Jersey Wrongful Death Act (N.J. Stat. § 2A:31-1).

Common Causes of Wrongful Death in Children

Some of the most common wrongful death cases involving children in New Jersey include:

• Car accidents caused by reckless or impaired drivers
• Medical malpractice, including birth injuries or failure to diagnose serious conditions
• Swimming pool drownings due to negligent supervision
• Defective toys or products that cause fatal injuries
• Unsafe premises, such as falls from unprotected balconies or exposed hazards

If your child’s death was caused by someone else’s negligence, Rosengard Law Group will fight to hold them accountable—because your loss deserves more than sympathy. It deserves justice.

Wrongful Death of an Elderly Parent in New Jersey

The wrongful death of an elderly parent is often undervalued by insurance companies. Because seniors are retired, no longer earning income, or facing health issues, some insurers argue that their lives are worth less. At Rosengard Law Group, we strongly disagree—and so does New Jersey law.

Every parent provides more than financial support. They offer love, wisdom, guidance, emotional stability, and—very often—practical help with grandchildren, caregiving, or household tasks. These contributions matter, and they deserve to be acknowledged in a legal claim.

Why Age Shouldn’t Minimize a Claim

Even if your parent was no longer working, their death can cause real, lasting hardship. The law allows compensation for:

• Loss of companionship and moral support – especially for adult children and spouses
• Loss of services – such as transportation, childcare, meal preparation, or elder care
• Final medical expenses and funeral costs – which can impose sudden financial burdens

We document how your parent supported your family—emotionally and practically—and ensure those losses are included in your claim. Your loved one’s age does not reduce the injustice of their wrongful death.

Real-World Examples

We’ve seen many cases in which an elderly parent’s death was preventable, including:

• Nursing home negligence – such as untreated infections, malnutrition, or bedsores
• Medical malpractice – including delayed diagnosis or medication errors
• Falls due to unsafe conditions – like poor lighting, loose handrails, or icy walkways
• Vehicle-related injuries – including pedestrian accidents near senior housing communities

If your elderly parent passed away because someone else failed to act with care, we will fight to hold them accountable—and ensure their legacy is honored, not diminished.

How Damages Are Calculated in These Cases

In wrongful death lawsuits involving children or elderly victims, the process of calculating damages is different—and often more complex—than in cases involving working-age adults. Because the economic loss is not always clear-cut, courts rely on a broader set of factors to determine what the family should be compensated for.

What the Court Considers

New Jersey courts evaluate both economic and non-economic losses. In cases involving children or seniors, they may consider:

• Life expectancy – based on age, health history, and actuarial data
• Educational background or academic potential – in the case of children
• Family structure and dependency – including whether the deceased provided daily care or emotional support
• Relationship to the claimant – such as parent, spouse, grandchild, or caregiver

The goal is to determine the full impact of the loss—not just financially, but on the day-to-day life of those left behind.

Using Expert Testimony to Strengthen the Claim

Because insurance companies often dispute the value of these cases, Rosengard Law Group works with skilled experts to present a complete, credible damages report. Depending on your case, we may retain:

• Economists – to project the value of lost contributions or future support
• Psychologists or grief counselors – to testify about emotional impact and long-term loss
• Vocational experts – to estimate what a child’s future earnings may have been, based on aptitude and education

This expert-backed approach helps ensure the court sees your case for what it is—not just a number, but a deeply personal and life-altering loss.

Challenges Families Face With These Cases

Wrongful death claims involving children or elderly parents are often the most emotionally painful—and legally difficult. While the loss is clear to the family, defense attorneys and insurance companies may try to minimize the case based on age or earning potential.

Be sure to hire a NJ wrongful death attorney to fight for your rights.

When Insurance Companies Push Back

Insurers often use tactics designed to reduce the value of your claim, including:

• Arguing that a child or senior had no income, and therefore the “economic loss” is limited
• Claiming the deceased was already in poor health or nearing the end of life
• Challenging the emotional or caregiving role your loved one played in your family

These strategies can be infuriating—but they’re also common. That’s why you need a legal team that knows how to respond with facts, expert testimony, and a clear, compelling narrative about your loss.

How Rosengard Law Group Fights for Full Value

We understand that cases involving children and seniors require a different kind of legal strategy. Here’s how we approach them:

• We document caregiving and family dynamics to show how essential your loved one was to your daily life
• We work with economists and grief experts to quantify losses that insurers try to ignore
• We push back against cold legal arguments with real stories, real impact, and real data

Our goal is simple: to make sure the court understands the full scope of your loss—and to make sure the people responsible are held fully accountable.

FAQs – Wrongful Death Claims for Children and Elderly

Can you sue for the death of a child with no income?

Yes. New Jersey law allows parents or legal guardians to file a wrongful death claim for a child, even if the child had no income. Courts can consider the loss of companionship, future earning potential, and the emotional and caregiving role the child held in the family.

What if my elderly parent was retired—do I still have a case?

Absolutely. Retired individuals still contribute to their families through emotional support, caregiving, and life experience. These losses can be argued in court, and medical or funeral expenses are often recoverable. The absence of income doesn’t eliminate the value of the claim.

How do you calculate loss of companionship in court?

Loss of companionship is a non-economic damage. It’s calculated based on the nature of the relationship, dependency, shared living arrangements, and the emotional support the deceased provided. Testimony from family, friends, and mental health professionals often supports this claim.

Can a grandchild file a claim for an elderly grandparent?

Typically, a grandchild would not file the claim directly. However, if the grandparent was financially or emotionally supporting the grandchild—and the legal representative files a claim on behalf of the family—compensation may be distributed to the grandchild depending on their level of dependency and relationship.

How long do these cases usually take?

Wrongful death cases involving children or elderly individuals usually take between 6 to 18 months, depending on the complexity, available evidence, and whether the case goes to trial. Rosengard Law Group works to resolve cases efficiently—without compromising the value of your claim.

Final Thoughts – Every Life Has Value

Whether your loss involves a child full of promise or a parent full of wisdom, your grief is real—and so is your right to justice. Insurance companies may try to reduce your claim to dollars and cents, but at Rosengard Law Group, we fight to show the court what truly matters: the role your loved one played in your life, and the void their absence has left behind.

We believe every life has value, regardless of age, income, or status. Our legal team is here to ensure that value is seen, understood, and respected—by the courts, by insurance companies, and by those responsible for your loss.

If you’ve lost a child or elderly parent due to negligence, don’t wait. These cases are difficult—but you don’t have to face them alone. We’ll listen, advise, and fight for your family every step of the way.

Schedule a free consultation with Rosengard Law Group today. Let’s talk about your options—and help you take the next step toward justice and healing.