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Personal Injury and Wrongful Death | 6/02/2016

What Damages Are Available in a Wrongful Death Case?


When you lose a loved one due to the negligence or deliberate act of another person it can be utterly devastating. You had no time to prepare and you weren’t ready for them to go. What will you do about the medical and funeral costs? What about the money you depended on them to bring in, to pay bills and to live a secure life? Thankfully there are laws in place to help ease that burden through filing a civil case against the responsible party. Learn about the kinds of damages you can recover from a wrongful death case, and how a personal injury attorney can help.

The Wrongful Death Case 

A wrongful death case is a civil lawsuit that is brought by the estate or surviving dependents and relatives of a person who died because of another person. In general, a representative of the deceased’s estate files the suit, and while every state is unique, there are certain universal rules that most cases can count on.

Who Can Get Compensation

Generally speaking, there are three classifications of people who can receive compensation through a wrongful death suit. There are many factors that go into this decision, and it can include the relationships with surviving family as well as how dependent they were upon the deceased person financially and/or emotionally. The three classes of beneficiaries include:

  • Spouses: The husband, wife or legal domestic partner of a deceased person can file claim for damages from lost financial support, companionship and the like.
  • Children and Dependents: The children or other dependents of the deceased are generally entitled to benefits similar to those from the spouse. Emotional damages, financial support, companionship and other damages are available.
  • Parents and Other Family: Parents can be awarded damages if the deceased was a minor child, and other family members might be entitled to damages if it can be proven that they had some sort of dependence on or need for the deceased.

Damages from Wrongful Death 

There are a wide variety of damages that may be available to the survivors of a deceased person through a wrongful death civil action. These damages include, but are not limited to:

  • Lost financial support based on the earnings of the deceased
  • Lost potential future earnings of the deceased
  • Medical bills in the time between the incident and the death
  • Lost companionship and consortium
  • Emotional damages
  • Pain and suffering
  • Punitive damages, especially if the negligence leading to the death was gross or egregious, or the actions resulting in death were deliberate

If you have lost a family member due to an accident or incident that was caused by another person, don’t suffer silently. Attempting to recover damages from the incident can be stressful and time-consuming and you need someone in your corner that knows how to fight for your rights every step of the way while allowing you time to mourn. Look over our website for information about our wrongful death suits, and contact us today for a no-obligation consultation on your case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
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