Wrongful Death Lawyer
In a wrongful death lawsuit, damages are awarded to compensate the surviving family members for the losses they have suffered due to the death of their loved one. These damages can be divided into three main types: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages, also known as pecuniary damages, are intended to compensate the surviving family members for the measurable financial losses resulting from the death of their loved one. Common types of economic damages in a wrongful death lawsuit include:
- Funeral and Burial Expenses: The costs associated with the funeral and burial or cremation of the deceased are typically recoverable. This may include expenses for the casket, cemetery plot, headstone, memorial service, and other funeral-related costs.
- Medical Expenses: If the deceased incurred medical expenses before their passing, the family can seek compensation for these costs. This may include hospital bills, medication expenses, and other medical treatment expenses related to the fatal injury or illness.
- Lost Financial Support: Economic damages can account for the loss of financial support that the deceased would have provided to their surviving family members had they lived. This may include lost income, benefits, and future financial support.
- Lost Future Earnings: If the deceased was the primary breadwinner, the family may be entitled to compensation for the potential earnings the deceased would have contributed over their lifetime.
- Loss of Benefits: The family may seek compensation for the loss of benefits that would have been provided by the deceased, such as health insurance, retirement benefits, and other employment-related benefits.
Non-Economic Damages
Non-economic damages, also referred to as general damages, are intended to compensate the surviving family members for the emotional and intangible losses they have endured as a result of their loved one’s death. Common types of non-economic damages in a wrongful death lawsuit include:
- Loss of Consortium: Non-economic damages can account for the loss of companionship, affection, and emotional support that the surviving family members would have received from the deceased.
- Mental Anguish and Emotional Distress: Losing a loved one can cause profound emotional pain, grief, and suffering. Non-economic damages can compensate the family members for the mental anguish and emotional distress they have experienced due to the death.
- Loss of Guidance and Mentorship: If the deceased was a parent or caregiver, non-economic damages may be awarded to compensate for the loss of guidance, mentorship, and parental care that surviving children may have experienced.
Punitive Damages
Unlike economic and non-economic damages, which aim to compensate the surviving family members for their losses, punitive damages serve a different purpose. Punitive damages are intended to punish the at-fault party for their gross negligence, recklessness, or intentional misconduct that led to the death. These damages are awarded in cases where the defendant’s actions were particularly egregious and aimed at deterring similar behavior in the future.
It’s important to note that the availability and limits of damages in a wrongful death lawsuit can vary depending on the laws of the state where the lawsuit is filed. Some states impose caps on certain types of damages, and not all states allow for punitive damages in wrongful death cases.
If you have lost a loved one in an accident caused by another party, it is important to seek the legal help of a seasoned wrongful death lawyer in order to explore all of your legal options.
Thank you to our friends at Hall-Justice Law Firm LLC for their insight into wrongful injury claims.