Compensation in Wrongful Death Cases: What to Expect
Published
28 June 2024
Wrongful death cases aim to compensate surviving family members for the losses they incur due to the death of a loved one caused by another party's negligence or wrongful actions. This article provides insight into the types of compensation available in wrongful death cases and what surviving family members can expect during the legal process.
•Types of Compensation
Wrongful death compensation typically falls into two main categories:
•1. Economic Damages
Economic damages are quantifiable financial losses incurred by the surviving family members as a direct result of the wrongful death. These may include:
Medical Expenses: Costs associated with medical treatment and care provided to the deceased before their death.
Funeral and Burial Costs: Expenses related to the funeral service, burial, or cremation of the deceased.
Lost Income: Compensation for the wages or income that the deceased would have earned over their expected lifetime.
Loss of Benefits: Benefits such as health insurance, pension plans, or retirement benefits that the surviving family members would have received if the deceased had lived.
•2. Non-Economic Damages
Non-economic damages compensate for intangible losses that do not have a specific monetary value but significantly impact the surviving family members' lives. These may include:
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish experienced by the deceased before death.
Loss of Consortium: Damages awarded to a surviving spouse or family members for the loss of companionship, guidance, and support of the deceased.
Loss of Enjoyment of Life: Compensation for the loss of enjoyment, activities, and experiences that the deceased would have shared with their family members.
•Factors Affecting Compensation
Several factors influence the amount of compensation awarded in a wrongful death case:
Extent of Liability: The degree of negligence or misconduct by the defendant(s) responsible for the wrongful death.
Age and Health of the Deceased: The deceased's age, health, earning capacity, and life expectancy at the time of death.
Surviving Family Members: The relationship between the deceased and their surviving family members, including financial dependence and emotional ties.
•Legal Process and Settlement
Compensation in wrongful death cases is typically determined through negotiation with the defendant(s) or awarded by a judge or jury following a trial. An experienced wrongful death attorney plays a crucial role in advocating for fair compensation and representing the best interests of the surviving family members.
•Conclusion
Understanding the types of compensation available in wrongful death cases empowers surviving family members to seek justice and financial recovery for their losses. By working with a knowledgeable attorney and documenting the economic and non-economic impacts of the wrongful death, families can pursue fair compensation that reflects the full extent of their damages.
Request Free Consultation
Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members
