What is the name of your state (only U.S. law)? Colorado
In a wrongful death case for a child who lost their mother and the father is not in the picture....does having a guardian vs adoptive parent change the amount of damages?
For example if one argument for economic damages is the loss of parental services, i.e. those services that would have been performed by his mother. If I adopt the child (currently have permanent guardianship of the child) could it be argued that those economic damages are no longer recoverable because he has a mother who is legally responsible for performing the duties and those damages are no longer recoverable.
In a wrongful death case for a child who lost their mother and the father is not in the picture....does having a guardian vs adoptive parent change the amount of damages?
For example if one argument for economic damages is the loss of parental services, i.e. those services that would have been performed by his mother. If I adopt the child (currently have permanent guardianship of the child) could it be argued that those economic damages are no longer recoverable because he has a mother who is legally responsible for performing the duties and those damages are no longer recoverable.