The Losses and Damages Claimants Can Recover Through a Wrongful Death Claim

Losing a loved one due to negligence or misconduct is devastating. Families not only endure emotional grief but also face financial burdens caused by the unexpected loss. While no legal action can replace a lost life, a wrongful death claim allows surviving family members to recover compensation for their losses.

Seeking justice through legal means helps alleviate some of the financial strain and holds the responsible party accountable. An experienced wrongful death lawyer ensures families receive fair compensation for their losses.

Economic Damages

Economic damages represent tangible financial losses that result from the death of a loved one. Medical expenses incurred before death are among those damages, as are funeral and burial costs and loss of financial support.

The family may recover lost income, benefits, and potential future earnings if the deceased was a primary wage earner. In cases where the deceased provided essential household services, such as childcare or elder care, compensation may also cover the cost of hiring professionals to replace those contributions.

Non-Economic Damages

Beyond financial losses, families endure emotional suffering and loss of companionship. Non-economic damages address these intangible losses, which often carry significant emotional weight.

A plaintiff may be compensated for pain and suffering, diminished consortium, and loss of guidance for children. Courts recognize that these losses profoundly affect surviving family members, even though they do not have a direct monetary value.

Punitive Damages

Punitive damages may be awarded when the wrongful death was caused by flagrant wrongdoing or deliberate injury. These damages are intended to punish the guilty party and discourage future instances of the same action, not to make up for the losses suffered by the family.

Punitive damages, though not always granted, can significantly increase total compensation if they are demonstrated to result from willful misconduct or egregious negligence.

Loss of Inheritance

Surviving family members may also seek damages for lost inheritance when a wrongful death occurs. This type of compensation accounts for what the deceased would have accumulated and left behind if they had lived a whole life.

Courts evaluate the deceased’s age, earning potential, and financial habits to determine the estimated loss.

Loss of Services and Support

Losing a loved one affects more than one’s financial situation. It is difficult to replace the direction, emotional support, and vital services that many people offer. Whether the departed was a mentor, caregiver, or a family’s emotional rock, recompense might be commensurate with the significant impact of losing these services.

Courts determine adequate compensation by considering the deceased’s specific function within the family system.

Bottom Line

Bringing a wrongful death claim is intricate and calls for legal knowledge. Since every case is different, the circumstances surrounding the death and applicable state legislation are just two variables affecting compensation.

Families should keep records of their emotional and monetary losses to support their claims. Families can receive financial compensation and a sense of justice through a wrongful death claim, which guarantees that the guilty party is held accountable for their deeds.