Wrongful Death Attorneys​. Lawyer Ben Roberts.

Different types of Damages Available in Wrongful Death Cases

There are many types of Wrongful death cases such as intentional (murder, assault), negligence ( car accident cases, electrocution in a plant due to improper maintenance of a manufacturing plant, accidents at construction sites), and Medical malpractice or negligence. Wrongful Death Case Claims are time-sensitive and should be brought to the court within two years from the date of death of the victim called Statute of limitations. Each state has its wrongful death statute.

The most common type of damages in Wrongful death cases is Economical losses such as a father passing away with still twenty-five years of working life left that would have provided income for his family and non-economic losses such as loss of companionship, love, support, etc.

Economic Losses:

  1. Any earnings that the deceased (Victim) may have provided for the spouse, children, and parents of the Victim.
  2. Future Lost Wages: Lost wage calculation is often overlooked. Total Compensation could be claimed such as Medical Insurance, Dental Insurance, Retirement, Savings, etc.
  3. Amount of household services that the person. This type of damage cannot be easily quantifiable but it does happen in real life such as a Victim mom taking care of kids, their laundry, meals, transporting children to daycare, etc. It’s a valuable service that needs to be compensated for, in financial terms.
  4. Medical expenses incurred as a result of harmful acts which led to wrongful death.
  5. Funeral and Memorial Expenses: Out-of-pocket expenses can be claimed as economic loss.
  6. Administration of Estate Expenses: Expenses incurred by the administrator in fulfilling the terms of the Estate such as Property maintenance, Investment Management fees, and Appraisal fees.

Economic losses are difficult to calculate but non-economic losses such as Emotional Pain, Loss of Companionship, and love are very complicated to monetize in terms of dollar value. The compensation in a wrongful death claim is for the emotional and economic losses, the wrongful death beneficiaries have sustained as a result of the death.

Non-Economic Losses :

(Emotional Struggles)

The mental distress of losing someone you love unexpectedly brings lots of emotional pain and struggles. Some states also allow beneficiaries to file for Punitive damages which goes beyond compensation. In this case, it’s imperative to prove that the victim was killed due to the act of reckless behavior of an individual or negligence of a corporation. Punitive damages are not permitted in wrongful death lawsuits in some states.

How is the value of the compensation in Wrongful Death cases calculated?

Wrongful Death Damages are the full value of the decedent’s life without any reductions for expenses or costs that they would have incurred. Typically the value of compensation gets calculated based on the decedent’s net income as well as any intangible losses such as care, guidance and support that the beneficiaries are facing after the decedent’s death.

Wrongful Death Case Lawsuit and Settlement:

Most Wrongful death cases lawsuit settles with a payout to the Victim’s family. Settlement amounts range anywhere from a few thousand dollars to several billion dollars. The average amount of Wrongful death cases range from 500,000 to more than one million in the United States.