The unexpected death of a loved one is a major loss and a potential source of hardship. It can take years for people to heal from the grief that they experience, and the practical consequences of their loss may persist indefinitely. In cases where families can clearly establish that either negligence or misconduct on the part of another party caused their loved one’s passing, they may be able to pursue a wrongful death lawsuit. Wrongful death lawsuits may allow those affected by a tragedy to offset some of the practical consequences they experience.
What types of damages can people request in a wrongful death lawsuit?
Claims made by the estate
State statutes actually describe the compensation available in a wrongful death lawsuit based on who receives specific funds. The estate can receive compensation for specific expenses. The personal representative of the estate can request compensation for losses, including funeral expenses and end-of-life medical costs incurred while attempting to save or treat the deceased individual. The estate can request compensation for the exact amount of the outstanding invoices for those expenses and can then use the proceeds from the lawsuit, if it is successful, to cover those costs.
Claims made by family members
Surviving family members may experience protracted financial complications after the death of an individual. This is especially true in scenarios where the person who died may have been the primary wage earner for the entire family.
Families may need help calculating the long-term lost income of the deceased party. They need to consider the value of workplace benefits and the likelihood of wage increases over the course of decades of employment when calculating those figures.
Families can also request compensation for the loss of companionship and love, as well as the practical household services provided by the deceased individual. The law does specifically prohibit claims for the grief of surviving family members and punitive damages, which are imposed as a punishment on the plaintiff instead of representing actual losses sustained by the estate or surviving family members.
. A successful wrongful death lawsuit can provide financial relief for those left behind when someone dies unexpectedly. Those hoping to pursue a wrongful death lawsuit often need help evaluating the strength of their claim and determining an appropriate amount of compensation to request before they take legal action. Reviewing the circumstances surrounding a recent tragedy with a skilled legal team can help family members or state representatives determine whether they have grounds to take legal action.