What damages can be claimed in a wrongful death lawsuit?

Losing someone you love is devastating. When someone else’s negligence or misconduct is responsible for the loss, grief can be mixed with confusion, frustration and a sense of injustice. In such situations, a surviving family can choose to file a lawsuit for wrongful death.

The legal action allows survivors who qualify to receive financial compensation (called “damages”) for the impact of the loss on their lives. Many people do not fully understand the types of damages that can be claimed in a case involving wrongful death. Let’s take a look at it.

Understanding Wrongful Death Claims

When someone dies due to the negligence, recklessness or intent of another, a wrongful death suit is filed. Car accidents, medical malpractices, workplace incidents and defective products can all be the cause of these cases.

The lawsuit’s goal is not to place a value on someone’s life. That’s impossible. It’s more important to acknowledge the real, measurable losses the survivors have experienced and hold the responsible party accountable financially.

What Damages Can Be Awarded in a Case of Wrongful Death?

In wrongful death cases, damages are usually divided into two categories: economic (economic damages) and noneconomic (non-economic damages). In some cases punitive damage can also be awarded.

1. Economic Damages

The financial losses can be calculated with a certain degree of certainty. Common examples include:

Medical expenses If the deceased was treated for medical conditions before their death, these costs may be recoverable.
Funeral expenses: In most cases, reasonable costs for cremation, burial and other services are included.
Loss in financial support : Includes the income that the deceased would’ve earned during their lifetime including salaries, bonuses, pension contributions and benefits.
Loss in services If the deceased was providing services such as childcare, home maintenance or caregiving then the value of those services can be included in the claim.

Documentation such as tax returns, pay stubs and bills are usually used to support these economic damages.

2. Non-Economic Damages

These damages are for intangible losses, which can be difficult to quantify but are still felt deeply by the family. These damages include:

Loss in companionship or group : The loss of a parent, child, or partner can cause significant emotional distress. The courts recognize this and award damages for loss of love, companionship or emotional support.
Compensation for mental suffering: The surviving family members can be compensated if they suffer a loss.
Loss in parental guidance If children are left behind they can be awarded damages if they have lost the guidance, nurturing and education that they would otherwise receive.

These damages are important and often reflect the real emotional cost of the loss.

3. Punitive damages (in certain cases)

Punitive damages may not be awarded in all cases, but a court can impose them if the defendant’s behavior was particularly reckless or deliberate. These damages are meant to punish the offender and send a clear message that this type of behavior will not be tolerated.

Punitive damages go beyond compensation–they’re about accountability.

Who can claim damages?

It varies from state to state, but in general, certain family members are only allowed to file a lawsuit for wrongful death. This includes:

Spouses
Children
Parents of minor children
Some cases extended family members or those who are financially dependent on the deceased may be affected.

It’s important to know the rules of each state, including who can file a claim and what damages are available.

Final Thoughts

A lost loved one can never be replaced by money. A wrongful death suit can ease the financial burden of those who have been left behind and provide a sense justice.

Families can better understand what they are up against by understanding the different types of damages available, such as economic, non-economic and punitive. Not just compensation is at stake. Honoring the victim’s life and holding the guilty party accountable is important.

This post was written by a professional at Jeanette Secor, PA Attorney At Law.

For over 20 years, the law office of Jeanette Secor, PA in St. Petersburg, FL, has been the go-to choice for those seeking justice after an injury. Renowned as st. pete personal injury lawyer, Jeanette Secor has a proven track record of successfully representing clients in car accidents, motorcycle accidents, and slip-and-fall incidents.