Damages Survivors Incur in a Wrongful Death Lawsuit
Wrongful death can have a significant impact on the survivors, especially financially. This is because of the bills that need to be paid due to the wrongful death. The deceased’s family needs to know their rights as they try to pursue justice. If the deceased were a breadwinner, the family might face financial difficulties. However, they can be compensated if they use the correct channel. It’s vital to note that the cause of the death must be linked to negligence or carelessness of someone else to consider it a wrongful death.
Unlike criminal murder, these cases are held in the civil courts, and the settlement can be done outside the court if the parties agree that it’s the best option. However, to get into a cooperative agreement, you need to know the type of damages caused to determine what you need to be compensated for. This article will explore the damages loved ones can incur during the death of a loved one.
Types of Damages
The damages committed during the wrongful death can be many and vary depending on different factors. Such factors include age, earning capacity, and the deceased’s state of health. Other factors include the income at the time of death, the age and circumstances of the deceased dependents, and education and training expenses. Also, damages can be due to the value of lost benefits. All these factors affect the dependents of the deceased in different ways. Below we discuss three damages available for the survivors of wrongful death.
Economic Damages
There are a lot of economic damages caused when a wrongful death occurs, including the financial impact the deceased would have made if still alive. Here are several economic damages incurred
The Medical Bills
This is the total money used to try to treat the loved one if they had injuries treated before their death. These will include the medication and all money used during the treatment period.
The Funeral Bills
This is the total amount they will use to finance the deceased’s funeral. Funerals can be expensive even for the immediate family, as they have to incur mortuary bills, transportation, and other expenses incurred during the funeral.
Others Economic Damages Include
The loss that is incurred by the victim’s expected earnings
The loss of benefits, such as medical cover and pensions, that the victim would enjoy and benefit the dependents.
The value of goods and services that the victim was expected to provide
Interest and Attorney’s Fees
Wrongful death cases are very complicated and can be time-consuming. This is why it is advisable to consult with a wrongful death attorney to help guide you on the steps you need to take. The fees incurred in paying an attorney and the total fees incurred in the lawsuit can be tremendous and unplanned. This can be compensated if you win the case and you can prove liability.
Non-Economic Damages
Apart from the damages that can be calculated and accounted for, the survivors may have to incur non-economical damages which are non-tangible. This damage is more valuable than the economic damages since they can’t be bought or compensated enough. They include
- Loss of guidance, protection, care, and advice from the deceased.
- Pain and suffering
- Loss of companionship and love from the deceased
- Loss of consortium from the deceased spouse
Punitive Damages
The punitive damages are designed to punish the defendant for misconduct that led to the wrongful death. Most states do not award these damages, especially defendants for government agencies. However, treble damages are recoverable in nursing homes with elder abuse and death.
Calculating Damages
No amount of money or compensation can compare to someone’s life. However, people are compensated for giving them comfort and for removing the financial burden that comes with the wrongful death. Compensation for the damages caused can be very challenging, such as pain and suffering. To ensure the compensation includes all damages, actuaries and other experts can be involved to help in solving this. It should include all monetary value, including the services and care that the deceased would have provided at home. For a parent, they include services such as child care, medical care, laundry, and transportation.
Bottom Line!
The above damages will help the survivors compensate accordingly to lift the financial burden. However, it’s vital to consult with your attorney to know the type of damages that will work for you. These damages will also depend on the deceased’s age and role in the survivor’s life. When calculating the damages it is good to consider the services of an expert to ensure all factors are considered and the survivors will have a fair compensation.
