Compensation In Wrongful Death Cases: What’s Included?

Losing a loved one is one of the most challenging and devastating experiences a person can go through in life. Losing a loved one suddenly due to the negligence or misconduct of another person or entity can make the experience even more traumatic and complicated. In such scenarios, the surviving family members may feel that there is nothing they can do to bring back their loved one or ease the pain and suffering caused by the loss.

However, legal recourse is available in the form of wrongful death lawsuits. These lawsuits aim to hold the responsible party accountable for their actions that led to the death of the victim. One of the central aspects of a wrongful death lawsuit is the compensation that the surviving family members may receive. In this article, we will take a closer look at what’s included in compensation in wrongful death cases.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil lawsuit filed by the surviving family members or the estate of the deceased victim. The lawsuit seeks compensation or damages for the death of the victim caused by the wrongful act or negligence of another person or entity. Some examples of wrongful death cases include:

  • Car accidents caused by drunk or reckless drivers
  • Medical malpractice
  • Workplace accidents
  • Product liability cases
  • Criminal acts such as homicide

What Damages Can Be Claimed in a Wrongful Death Lawsuit?

There are several types of damages or compensation that can be claimed in a wrongful death lawsuit. These damages aim to compensate the surviving family members for the financial, emotional, and psychological losses caused by the death of their loved one. The types of damages that can be claimed in a wrongful death lawsuit include:

Economic Damages

Economic damages refer to the financial losses incurred by the surviving family members as a direct result of the victim’s death. These damages aim to compensate for the economic contribution that the victim would have made if they hadn’t died. Examples of economic damages that can be claimed in a wrongful death lawsuit include:

  • Loss of financial support: This includes the victim’s income, including their expected future income, which would have been used to support the surviving family members.
  • Funeral and burial expenses
  • Medical expenses: If the victim incurred any medical expenses before their death, the surviving family members can claim such expenses in the wrongful death lawsuit.

Non-Economic Damages

Non-economic damages refer to the intangible losses incurred by the surviving family members as a result of the victim’s death. Unlike economic damages, non-economic damages cannot be quantified using monetary figures. Examples of non-economic damages that can be claimed in a wrongful death lawsuit include:

  • Pain and suffering: This refers to the emotional and psychological suffering the surviving family members have endured as a result of their loved one’s death.
  • Loss of companionship: This refers to the loss of emotional support, love, and camaraderie that the surviving family members would have received from the victim.
  • Loss of consortium: This refers to the loss of physical intimacy and companionship that a spouse or partner would have received from the victim.

Punitive Damages

Punitive damages are awarded to punish the defendant for their wrongful act or negligence that led to the victim’s death. These damages aim to deter the defendant from engaging in similar misconduct in the future. Punitive damages are not available in all cases and are only awarded in cases where the defendant’s conduct was particularly egregious.

Who Can File a Wrongful Death Lawsuit?

The laws governing wrongful death lawsuits vary from state to state. However, in general, the following parties can file a wrongful death lawsuit:

  • Spouse or domestic partner of the deceased victim
  • Children of the deceased victim
  • Parents of the deceased victim
  • Any other person who can demonstrate that they were financially dependent on the deceased victim

Conclusion

Wrongful death cases are complicated and emotionally challenging, but they can provide some sense of justice and closure to the surviving family members. Compensation in wrongful death cases aims to compensate the surviving family members for the financial and emotional losses caused by the victim’s death. If you have lost a loved one due to the wrongful act or negligence of another person, it’s essential to consult with an experienced wrongful death attorney who can help you understand your legal options and ensure that your rights are protected.

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