The loss of a loved one is an unspeakable tragedy, particularly when that loss is due to someone’s negligence or wrongful actions. Amidst the grief and mourning, you may be faced with the reality of a wrongful death lawsuit.
Understanding the kinds of damages you can pursue can help hold the responsible parties accountable and provide financial support for the surviving dependents or beneficiaries.
Economic Damages
Economic damages play a pivotal role in personal injury and wrongful death cases. They can be defined as quantifiable monetary losses that occur as a direct result of an injury or death. These damages are relatively straightforward to calculate as they represent actual financial expenses and losses incurred or expected to be incurred by the injured party or their survivors.
- Medical and Funeral Expenses: One of the immediate concerns in the aftermath of a wrongful death is the medical bills incurred due to the deceased’s final injury or illness, followed by funeral expenses. Compensation for these costs is typically included as economic damages in a wrongful death claim.
- Loss of Income and Potential Earnings: The decedent’s income is often vital for supporting their family. Therefore, damages may include the loss of income the deceased would have reasonably been expected to earn if they had lived, taking into account their age, health, life expectancy, occupation, talents, skill, and experience.
- Loss of Benefits and Inheritance: Survivors can recover losses related to benefits the decedent may have received, such as pension or retirement benefits. Additionally, there could be compensation for the value of the inheritance as it might reasonably have been had the wrongful death not occurred.
- Loss of Services and Support: The tangible services provided by the deceased – like childcare, household chores, and other contributions to the home – have economic value. The loss of these services can be included in the economic damages awarded.
Non-Economic Damages
Non-economic damages represent a category of compensation in legal cases that cover losses which aren’t easily quantified in monetary terms. Unlike economic damages, which focus on tangible financial losses like medical bills and lost wages, non-economic damages aim to provide compensation for the subjective, non-financial consequences of an injury or wrongful death.
- Pain and Suffering of the Decedent: If the deceased experienced pain and suffering before their death, compensation might be awarded for their anguish during that time. This is distinct from the suffering of the survivors.
- Loss of Consortium and Companionship: Spouses and close family members can recover damages for the loss of the relationship with the deceased, including the loss of companionship, affection, love, and moral support.
- Emotional Distress of Survivors: The psychological impact of unexpected loss can be profound. Survivors may seek damages for mental anguish and emotional distress caused by the wrongful death.
- Loss of Guidance and Nurturing: For surviving children, compensation may be awarded for the loss of parental guidance, nurturing, and education they would have received if their parent had lived.
Punitive Damages
In cases where the defendant’s conduct was particularly egregious or malicious, punitive damages might be pursued. These are not related to the actual losses suffered but are intended to punish the wrongdoer and deter similar actions in the future.
Steps to Take in a Wrongful Death Lawsuit
According to the Dayton wrongful death attorneys at Brannon Law Firm, you should take the following steps after losing someone due to another party’s negligence:
Seek Legal Assistance
Consulting with an experienced wrongful death attorney is the first step to understand your rights and the potential damages you can seek.
Investigation and Evidence Gathering
Your legal team will investigate the circumstances of the death and gather the necessary evidence to build a strong case.
Filing a Claim
A wrongful death lawsuit is initiated by filing a claim in the appropriate court, detailing the damages sought.
Negotiation and Litigation
Many wrongful death cases are settled out of court, but if necessary, the case may go to trial where a judge or jury will decide the outcome.
The loss of a loved one to wrongful death is a heavy burden to bear, emotionally and financially. While no amount of compensation can replace your loved one, recovering damages can alleviate financial stresses and provide a measure of justice for your loss. Each wrongful death case is unique, and understanding the types of damages you can recover is crucial as you navigate this complex and emotional legal process.