The Damages You Can Claim in a Wrongful Death Case

Death is always tragic, but when it occurs due to another's fault or intentional actions, the tragedy can be even more heart-wrenching. When these tragic incidents befall someone, there is an enforceable right of certain relatives or representatives of the deceased to recover damages from an action of wrongful death. You need to understand the types of damages you can recover in such cases to receive justice and the financial compensation your loved ones deserve.

Wrongful death claims are lawsuits filed civilly when a person has died from the fault, negligence, or willfulness of another. They serve to punish the offending party and to compensate the economic loss suffered by the family of the victim. Whether death occurred in an auto accident, a medical malpractice case, or through a defective product, a wrongful death action gives surviving loved ones the mechanism for recovering damages for their loss.

Types of Damages in a Wrongful Death Case

Damages in a wrongful death action are of several broad categories: economic, non-economic, and, in a few instances, punitive. Each category of damage is designed to compensate for distinct elements of the loss.

1. Economic Damages

These damages are meant to compensate for the measurable monetary losses that accrue as a result of the death.

• Medical Expenses: If the deceased was taken to see doctors before dying, the family can recover the cost of medical treatment. This can include hospital visits, the cost of an ambulance, medication, and similar costs.
• Funeral and Burial Costs: Funeral and burial costs are unforeseen expenditures left to the family, and they can be recovered as damages.
• Loss of Income and Benefits: If the decedent was the family's breadwinner, the survivors can recover lost wages, benefits, and future earnings that the individual would have contributed throughout a lifetime.
• Loss of Inheritance: In other cases, the family can recover what they would have otherwise received as inheritance had the individual lived a whole lifetime.

2. Non-Economic Damages

These are more challenging to put a monetary value on, but no less essential.

• Pain and Suffering: Surviving family members can recover damages for pain and suffering caused by the loss.
• Loss of Companionship and Consortium: The emotional closeness of the relationship, such as love, affection, counseling, and solace, is lost.
• Loss of Care and Support: Minor children and dependents recover for loss of care, education, and moral instruction.

3. Punitive Damages

While it's not recoverable, punitive damages can be awarded where there was willful wrongdoing or gross negligence. Punitive damages don't so much go to the family as a sanction against the perpetrator and a way to discourage such an action in the future.

Keep in mind that not all jurisdictions allow punitive damages to be recovered in wrongful death cases, and this is often dependent upon the facts of the case.

What Affects the Compensation?

There are several factors that could affect the worth of a wrongful death verdict or settlement. The courts generally consider the surviving family members' age, health, earning capacity, and financial dependency on the deceased.

The quality of the evidence proving fault or negligence is also an essential factor. Each state also has its wrongful death laws, which could affect the amount and form of damages recoverable.

Conclusion

Pursuing an action for wrongful death can be emotionally challenging, but it can also provide the bereaved family with the economic relief and feeling of justice they are entitled to. Knowing at least something about what damages can be recovered is a necessary first step in the process.

If your loved one or family member has died as a result of another individual's negligence, consulting with an experienced wrongful death attorney will assist you in making your choices and protect your rights.