Types of Damages Available in Wrongful Death Lawsuit

damagesLosing a loved one takes an emotional toll on family members. It is even worse if the death resulted from the fault of another party.

If you have lost a loved one from negligence, you can seek compensation by filing a wrongful death claim. However, to sue someone for wrongful death, you should have compelling evidence. Therefore, victims of wrongful death are encouraged to hire a wrongful death lawyer to help them handle the complex and draining claims.

Damages Resulting from Wrongful Death

The aim of filing a wrongful death claim is to get compensation for the damages suffered after the death of the loved one. The compensation is awarded to surviving close family members, either the spouse, children, or parents. The damages available include the following:

1. Medical Expenses

If the deceased did not die on the spot and the family incurred medical expenses before the death, they should be compensated for the bills paid at the hospital. As with any other injury case, evidence is essential in wrongful death claims. Therefore, make sure to keep receipts of all expenses and medical bills paid due to the injuries that resulted in death.

2. Funeral and Burial Expenses

Funerals involve service expenses and costs. The family is required to purchase a casket and pay for funeral home services. No death is planned for, but finding the best value funeral services after a wrongful death can be challenging for the family. They will have spent more than they should have and hence the need for compensation for the costs of laying their loved one to rest.

3. Loss of Consortium

Some states allow spouses who lose their partner in wrongful death to claim loss of companionship. The loss of a spouse due to negligence has its level of emotional trauma. Therefore, the law allows the spouse to seek financial compensation to help them pay for treatments that will help in recovery.

4. Loss of Future Wages

If the deceased was the family’s breadwinner, they would get into a financial crisis because their source of income is cut off. To get compensation for future wages, you are required to prove that you entirely depended on the victim for financial support. If that is the case, the court will calculate the lost future wages to secure the future of the family.

5. Pain and Suffering

Surviving family members can claim compensation for the pain and suffering endured by their loved ones before the time of death. This involves the pain suffered almost immediately after the accident or suffering they went through in the hospital as they received treatment before succumbing. As long as your lawyer can prove pain and suffering, the court will grant you fair compensation on behalf of the deceased.

6. Punitive Damages

Although some states do not award punitive damages in wrongful death claims, they are not intended to compensate the family members, but rather to punish the person at fault. Punitive damages are awarded in wrongful death if the defendant’s actions are considered malicious or with disregard for human life.

Hire a Wrongful Death Attorney

Handling a wrongful death in the midst of mourning your loved one can be emotionally draining. In addition, you might not be able to identify and defend the damages above on your own; therefore, hire a wrongful death attorney to help you get the compensation you deserve.

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Wrongful Death Lawsuit

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