A wrongful death claim is a legal way for the family to get compensation for what they’ve lost. Think of it as a lawsuit that helps families deal with both the emotional and financial impact of losing a loved one.
But what exactly can you claim in a wrongful death case? The answer depends on the state you live in, the details of the case, and how the fatal accident affects your family. However, the damages usually fall into three categories: non-economic damages, economic damages, and punitive damages.
Here’s a breakdown of what these damages are:
Non-economic damages cover the personal and emotional losses that come with losing a loved one. These are the things you can’t measure in dollars and cents, but they matter just as much, sometimes even more.
Pain and Suffering of the Deceased: If the person who passed away suffered before they died, their family can claim damages for the pain and suffering they went through. For example, if someone was in a car accident and spent weeks in pain before passing, their family can seek compensation for that suffering.
Loss of Emotional Support (Loss of Consortium): This is about the love, companionship, and comfort that the deceased provided to their family. A spouse, children, or even parents may be eligible to claim this loss.
Loss of Guidance and Instruction: If the person who passed away was a parent, their children lose the guidance and advice they would have received growing up. This loss can be included in the claim.
Mental Anguish of Family Members: Some states allow families to claim compensation for their own grief and emotional pain after losing a loved one. This isn’t the case everywhere, but in states like Florida and Illinois, it is an option.
Economic damages are the financial losses that come with losing someone. These are easier to calculate because they’re based on real expenses and lost income. Here’s what’s typically included:
Medical Bills: If the person received medical treatment before passing away, their family can claim the cost of those treatments. Emergency care, hospital stays, surgeries—any medical costs related to the final injury or illness can be included.
Lost Financial Support: If the deceased was financially supporting their family, the loss of that income is a huge burden. Courts look at how much money the person made, how long they were expected to work, and what they would have provided for their family over time.
Lost Inheritance: This refers to the money the deceased would have saved and left behind for their family if they had lived longer.
Funeral and Burial Costs: Funerals are expensive, and families can seek reimbursement for these costs as part of the wrongful death claim.
These financial losses often require expert testimony from economists or financial analysts to determine how much the deceased would have earned and saved if they had lived a full life.
Punitive damages are awarded in cases where the defendant acted recklessly or intentionally. For example, if a drunk driver caused a fatal crash, the court might order punitive damages to make an example out of them and prevent others from making the same mistake.
A wrongful death lawsuit can never bring back a loved one, but it can help ease the financial burden and provide some sense of justice.
