What Damages Can You Recover in a Wrongful Death Case?

Family members have a lot on their minds after losing a loved one. You have to deal with funeral arrangements and handling the estate. The emotional toll can make it hard to think about anything else. However, you only have a certain amount of time to file a wrongful death lawsuit on behalf of your deceased family member if you want to recover compensation.

Figuring out what compensation you and your surviving family may be entitled to is complicated. You should talk to a wrongful death lawyer as soon as possible to discuss your legal options. They can build a strong case for the compensation you deserve while you focus on recovering from a terrible loss.

Damages in Wrongful Death Lawsuits

If a negligent driver caused an accident, you can file a personal injury lawsuit for compensation. However, in a fatal accident, the victim cannot take their own case to court. Wrongful death cases provide a way for family members to hold the negligent party accountable for their actions.

No amount of money can bring back someone deceased. However, the law allows beneficiaries like surviving spouses and children to get compensatory damages for their losses. Types of damages available in a wrongful death action include:

• Economic damages
• Non-economic damages
• Punitive damages

Damages in wrongful death cases vary by state. For example, some states don’t allow punitive damages for wrongful death.

This article provides an overview of the types of damages generally available in a wrongful death case. A local personal injury lawyer can explain your state laws and how much you and your loved ones might be able to recover.

Economic Damages

Economic damages in a wrongful death case are the most straightforward. These are the financial losses resulting from the untimely death. Economic damages include past expenses and future losses. Financial compensation in a wrongful death lawsuit include:

• Medical bills
• Funeral expenses
• Burial expenses
• Lost wages
• Loss of future earnings
• Loss of financial support

Non-Economic Damages

Losing a loved one is a major life event. It can affect your mental health and future plans. Non-economic damages compensate family members for their mental and emotional losses. Non-economic damages in a wrongful death case include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of consortium
• Loss of companionship
• Loss of enjoyment in life

When Are Punitive Damages Awarded?

Punitive damages are not for compensating financial losses. Punitive and exemplary damages are for punishing the wrongdoer for their wrongful acts. Punitive damages aren’t always available. To get punitive damages, you generally have to show the conduct went beyond simple negligence.

The court can award punitive damages when the defendant’s reckless or wanton actions caused the decedent’s death. You can also get punitive damages for intentional misconduct or violence.

For example, a fatal car accident causes an innocent driver’s death. If the negligent driver was distracted by a text message, it may not be enough to get punitive damages. However, a drunk driver going double the speed limit could be enough.

Every state has different wrongful death laws. For example, Indiana doesn’t allow punitive damages in wrongful death cases. In contrast, Alabama only allows recovery of punitive damages in a wrongful death lawsuit. A local wrongful death or personal injury attorney can discuss your state’s laws and what compensation might be available.

Caps on Wrongful Death Damages

About half of all states limit how much you can get for non-economic damages. Some states have caps only for medical malpractice cases.

In the states with non-economic damages caps, the jury often doesn’t know about the limits. For example, a jury can hear a traumatic car accident case and award the victim’s family $1 million for pain and suffering. However, the judge would only award the family up to the maximum limit.

Factors Influencing the Calculation of Damages

Each wrongful death case is unique. Many factors impact how much you can get in wrongful death damages. Factors influencing wrongful death damages include:

• The victim’s age
• Surviving family members
• Earning capacity
• Financial support for the family
• The defendant’s conduct

For example, the accidental death of an elderly person may not have as much in damages as the wrongful death of a young child. An older person has a shorter life expectancy and may no longer earn an income. A child’s death takes away all their opportunities for the rest of their lives.

Documenting and Proving Damages

You need evidence to support your claim for damages. You can gather records and evidence to prove damages. Evidence in a wrongful death case includes:

• Accident scene photos and videos
• Autopsy reports
• Medical records
• Financial records
• Mental health and counseling records
• Witness statements
• Expert witness reports

Work With a Lawyer To Maximize Compensation

Family members deal with a lot of stress after losing a loved one. The last thing you want to think about is the legal process of a wrongful death case. An experienced lawyer can help you through the process. They can offer a case evaluation and explain your options. Your lawyer can negotiate with the insurance company for a settlement to help you and your family or take your case to trial if necessary.

You have a limited time to file a wrongful death lawsuit after the decedent’s death. The statute of limitations begins to run from the time of death. If you wait too long, you’ll lose out on any damages. To get compensation for your emotional and financial losses, contact an experienced wrongful death attorney.