The sudden loss of a loved one is an emotional and life-altering event. When that loss is due to someone else’s negligence, recklessness, or intentional actions, the grief can be compounded with anger and frustration. In such cases, the survivors may choose to pursue a wrongful death lawsuit to seek justice and financial compensation for their loss. One of the most critical aspects of a wrongful death case is understanding the damages that can be claimed. These damages are designed to compensate the surviving family members for both the financial and emotional toll caused by the death.
In this article, we will explore the common types of damages you can claim in a wrongful death lawsuit, and how they are calculated to help you understand what compensation you may be entitled to.
1. Economic Damages: Financial Losses from the Death
The most common damages claimed in a wrongful death case are economic damages. These damages cover the financial losses caused by the untimely death of the victim. Since the death often impacts the survivors’ financial stability, economic damages aim to reimburse them for the money they have lost or will lose in the future due to the deceased person’s passing.
Economic damages can include:
Funeral and burial expenses: These are the costs associated with laying the deceased to rest, including funeral services, burial, cremation, and memorial costs. In many cases, these costs can add up quickly, and the surviving family members may need to recover these expenses as part of their wrongful death claim.
Medical bills: If the deceased person survived for a period after the incident (such as after a car accident or a medical malpractice event), the family may be able to claim the medical expenses incurred during the period of recovery. This can include hospitalization, surgeries, doctor’s bills, prescription medications, and other necessary treatments.
Lost income and future earnings: One of the most significant economic damages in a wrongful death case is the loss of income the deceased would have earned had they lived. This includes their salary, wages, bonuses, or other forms of compensation. If the deceased was the primary breadwinner for their family, the financial impact can be especially devastating. In many cases, the court will also consider future earnings based on the deceased’s expected career trajectory, promotions, or raises.
Loss of services: If the deceased provided valuable services to their family (such as childcare, housekeeping, or home maintenance), the survivors may be entitled to compensation for the loss of these services. This is often calculated based on what it would cost to replace those services, whether by hiring someone or through other means.
2. Non-Economic Damages: Emotional and Psychological Impact
While economic damages focus on financial loss, non-economic damages are designed to compensate for the emotional and psychological suffering caused by the loss of a loved one. These damages are more difficult to quantify, as they reflect the intangible losses that can’t be easily measured in monetary terms.
Non-economic damages may include:
Pain and suffering: This refers to the physical pain and emotional distress experienced by the deceased prior to their death. In some cases, the deceased may have suffered from significant pain and suffering as a result of the incident that led to their death (e.g., after a serious car accident). The family may claim compensation for the pain endured by their loved one before passing.
Loss of companionship and emotional support: This is perhaps one of the most significant non-economic damages. Surviving family members—especially spouses, children, and parents—often experience profound grief and emotional anguish after losing a loved one. Compensation for the loss of companionship, love, affection, and emotional support reflects how the death has impacted the survivors’ emotional well-being.
Loss of consortium: In some cases, particularly with spouses, the claim may include a loss of consortium, which refers to the loss of the ability to maintain a relationship with the deceased. This can include the loss of sexual intimacy, partnership, or companionship, all of which are considered important components of a marital relationship.
Mental anguish: The trauma of losing a loved one suddenly and under such circumstances can lead to significant emotional distress. In wrongful death cases, the survivors may be entitled to damages that compensate for the emotional pain they continue to experience as a result of their grief and trauma.
3. Punitive Damages: Punishing the Wrongdoer
While economic and non-economic damages are intended to compensate the survivors, punitive damages are designed to punish the defendant for their wrongful conduct and deter similar actions in the future. Punitive damages are awarded in cases where the defendant’s behavior was particularly egregious, reckless, or intentional.
For example, in cases involving drunk driving, a defendant who caused a fatal accident while under the influence of alcohol or drugs may be subject to punitive damages. Similarly, in cases of gross negligence or intentional harm, punitive damages may be awarded to send a message that such behavior is unacceptable.
While punitive damages are less common than compensatory damages (economic and non-economic damages), they are an important aspect of some wrongful death cases, particularly when the defendant’s actions were shocking or outrageously reckless.
4. Loss of Inheritance and Prospective Benefits
Another potential category of damages is the loss of inheritance or prospective benefits. This type of damage applies when the wrongful death of a family member means that the surviving relatives will not inherit what they would have expected to receive in the future had the deceased lived. This can include lost benefits from the deceased’s estate, as well as the loss of potential financial support from the deceased over the years.
For example, if the deceased was the primary breadwinner, surviving children may have expected to benefit from their parent’s future income or inheritance. The court may award damages to compensate for the loss of these future financial benefits.
5. How Are Damages Calculated?
The calculation of damages in a wrongful death case depends on a variety of factors. Economic damages, such as lost income and funeral costs, are generally easier to quantify, as they are based on verifiable financial records. Non-economic damages, however, are more subjective and may require expert testimony or emotional impact statements from family members to assess the full extent of the loss.
For punitive damages, the court will consider the defendant’s conduct, including whether the actions were intentional, reckless, or grossly negligent, and the need to punish and deter similar conduct.
In many cases, the assistance of a wrongful death attorney is invaluable in helping survivors understand the full scope of damages they can claim and in ensuring they are fairly compensated for both their financial and emotional losses.
Conclusion
The damages awarded in a wrongful death lawsuit are designed to compensate the surviving family members for the financial, emotional, and psychological losses they suffer due to the untimely death of their loved one. From funeral expenses and lost income to the profound emotional toll, these damages help provide some measure of justice and financial relief. If you have lost a loved one due to someone else’s negligence, it is crucial to work with an experienced wrongful death attorney to help you navigate the legal process and ensure that you are fully compensated for your loss.