When someone dies because of another party’s negligence or wrongdoing, the law allows the deceased’s surviving family or the estate to pursue financial recovery. The kinds of compensation available seek to address both the losses the person suffered before death and the impact their passing leaves behind.
Who May File a Wrongful Death Claim
A wrongful death claim can be brought by a representative of the deceased person’s estate or by certain surviving family members. Those family members typically include spouses, domestic partners, children, and parents or others who depended financially on the deceased.
Two Main Categories of Damages
Damages in wrongful death cases generally fall into two categories:
- Economic damages These cover measurable monetary losses
- Non-economic damages These cover losses that are emotional or relational and more difficult to assign a dollar value
Examples of Economic Damages
Here are some examples of financial losses wrongful death cases can recover:
- Medical costs incurred after the injury and up until death
- Lost income and wages the deceased would have earned if they had lived
- Funeral and burial expenses
- The value of any support or benefits the deceased would have provided to the family
- The value of household services the deceased would have performed, such as child care, maintenance, cooking
Examples of Non-Economic Damages
These damages capture the emotional and personal losses suffered by the survivors, such as:
- Loss of companionship, affection, care, and emotional support
- Loss of guidance and nurturing, especially important for children who depended on the deceased
- The emotional distress and grief experienced by the family
- Loss of love, comfort, protection, society and moral support
Special or Punitive Damages
While most wrongful death claims involve economic and non-economic damages, there are circumstances under which additional damages may be awarded:
- Punitive or exemplary damages in cases where the at-fault party acted with gross negligence, maliciously, or in an especially reckless way
- Compensation for income or benefits the deceased would have provided in the future, especially when they were young and had many earning years ahead
What Factors Affect How Much Compensation Is Awarded
Several things can influence the total recovery amount, including:
- The age, health, and life expectancy of the deceased person
- Their job, income, education, training and earning potential
- The strength of evidence showing what the deceased’s financial contributions would have been
- The number and type of people depending on them financially or emotionally
- The costs of end-of-life medical care and funeral arrangements
How a Lawyer Helps
An experienced attorney plays a crucial role in wrongful death cases by:
- Investigating the facts of the death and determining who is responsible
- Collecting evidence like medical records, financial documents, and expert testimony
- Calculating what economic and non-economic losses the family has suffered
- Negotiating with insurers or representing the case in court if needed
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