Wrongful death lawsuits are important for those affected by tragedies. Grieving spouses, children and other close family members can go to court in pursuit of financial relief and legal closure after a tragedy occurs.
Wrongful death litigation can provide a sense of justice to those who have lost a loved one. A court ruling affirming that a passing was the fault of a specific business or individual can help people process their grief. An award of damages after a tragedy can help alleviate the economic stress caused by the death of a family member.
There are typically three types of damages that plaintiffs can request compensation for during a wrongful death lawsuit. What forms of compensation may be available to those grieving a recent tragedy?
1. Economic damages
Economic damages often make up the vast majority of the compensation sought. An individual’s premature death can trigger a variety of significant expenses. The family loses the future income that the deceased individual could have provided.
There may be medical expenses from their end-of-life care and funeral costs to address. The economic value of household services and even the cost of legal representation during litigation can contribute to the total amount of compensation requested in a wrongful death lawsuit.
2. Non-economic damages
The loss of a loved one doesn’t just cause financial complications. There are many personal losses that often arise as well. Non-economic damages can include the mental anguish of individuals who have lost a loved one unexpectedly.
Relatives could also seek compensation for the pain and suffering of a loved one before they died due to their injuries. Survivors can request compensation for the loss of enjoyment of life after a tragedy. A surviving spouse may be able to request a loss of consortium, which relates to intimacy and support received by a spouse.
3. Punitive damages
Punitive damages are a form of punishment for the party at fault for the tragedy. Indiana only awards punitive damages in cases where plaintiffs can show malicious conduct or a reckless disregard for others. Provided that they have clear and convincing evidence of malice or egregious recklessness, plaintiffs can request punitive damages as a means of punishing the defendant named in the lawsuit.
The law currently caps punitive damages at either $50,000 or three times the total compensatory damages awarded. The plaintiff generally only receives 25% of the punitive damages. The remaining amount goes to the state to support the Violent Crime Victim Compensation Fund.
Families trying to pursue justice after a tragedy may need help quantifying their losses and calculating the right amount of compensation. Reviewing the impact of a tragedy with a legal professional can help plaintiffs prepare for a wrongful death lawsuit.