Wrongful death claims fall under civil lawsuits filed by surviving family members against a person or entity responsible for a loved one’s death. They follow different rules from criminal cases. A key difference lies in the type and amount of damages survivors can recover.
Financial Damages In Wrongful Death Claims
Primarily, there are two types of financial damages in wrongful death claims: economic and non-economic. Typically, the financial award a court gives to the survivors compensates for these damages.
Economic Damages
Economic damages represent quantifiable monetary expenses connected to the deceased person’s death. These can include medical expenses incurred before the deceased’s passing, funeral and burial expenses, loss of the deceased person’s expected income, and loss of benefits such as pension plans or medical coverage.
Non-economic Damages
Non-economic damages refer to subjective, non-monetary losses. They may include pain and suffering, emotional distress, loss of companionship, and loss of care, guidance, and support the deceased person would have provided.
Factors That Influence The Amount Of Damages
Several factors impact the total amount of damages awarded in wrongful death claims. These may include the age and health of the deceased, the deceased person’s earning capacity, the survivors’ financial loss, and the survivors’ relationship to the deceased. However, these factors vary from case to case, and so the damages awarded too could be significantly different between cases.
Punitive Damages in Wrongful Death Claims
In some cases, the court may also order punitive damages. These are not meant to compensate the survivors for their loss. Instead, punitive damages serve to punish the defendant and discourage similar behavior in the future. However, punitive damages are not common in wrongful death claims and are typically reserved for cases where the defendant’s behavior was particularly egregious or harmful.
How Wrongful Death Damages are Distributed
Once damages are awarded, the court also decides how the amount should be distributed among the surviving family members. Frequently, this depends on the family structure and relationships. In a straightforward situation, where the deceased was married with children, the spouse and children would receive the damages. However, it can become complicated if there are ex-spouses, estranged children, or other relatives involved.
Legal Assistance in Wrongful Death Claims
Due to their potential complexity, it’s often beneficial for survivors to seek legal assistance when filing a wrongful death claim. Experienced attorneys can guide individuals through the legal process and help survivors understand their options and rights, ensuring they receive the maximum award possible.
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Conclusion
Understanding damages in wrongful death claims can seem overwhelming, but with the right knowledge and legal assistance, survivors can navigate this process successfully. Remember, every case is unique, so it’s crucial to consult with a legal professional to understand the specifics of your situation.
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