If you want to know more about damages and compensation in case of a wrongful death claim, you should understand what it is in the first place. A wrongful death case is a civil action or lawsuit that is brought by the survivor of the deceased. The deceased is the person who has died due to the negligence of the defendant in this wrongful death case. Remember that every state across the country is going to have a specific set of rules and regulations that govern wrongful death claims, so finding the right wrongful death law firm is crucial to ensure the correct proceedings. A family member or a person who has been appointed as a representative of the deceased is usually in a position to bring this wrongful death claim forward. Again, the rules of every state are going to differ and the same are going to determine what kind of damages you can seek from the defendant.
1. Wrongful Death Compensation
Wrongful death compensation is also known as wrongful death damages. This is the most general category of damages that you can recover from the defendant. They comprise both economic and non-economic claims that you are entitled to. These wrongful death claims are going to vary depending upon which state you live in. Some states limit the amount of compensation that you can seek for wrongful death damages from the defendant while others do not.
2. Financial Or Economic Damages
Economic damages are the ones that can be easily quantified in monetary terms. If you have lost a spouse, you are bound to suffer economic damages in case he or she was the sole breadwinner of the family. Even if that is not the case, you are still entitled to economic damages and they include:
- Loss of income
- Loss of inheritance
- Medical expenses
- Expenses born for funeral and burial services
- Loss of future earnings
- Loss of medical insurance and pension
- Loss of home maintenance
3. Emotional Trauma Or Non-Economic Damages
As the survivor of the victim of a wrongful death incident, you are entitled to noneconomic damages as well. These comprise all the emotional trauma and pain, suffering, sorrow, and depression that your family members and relatives have faced, and include:
- Mental trauma
- Emotional stress
- Pain and suffering
- Loss of love care and guidance
- Loss of nurturing from the victim
- Loss of companionship
4. Punitive Damages
Punitive damages have a totally different purpose. They are not demanded to compensate the plaintiff. These are demanded so that the defendant can be punished for the act that he has committed. Their reckless behavior is what caused your family member or loved one to die. Punitive damages are intended to deter the person from exhibiting similar behavior or performing the same act in the future ever again. However, in many states across the country, punitive damages may not be available in a wrongful death claim. They might not be recoverable against a few entities or government agencies as per the state laws. You will have to call a wrongful death lawyer that you can trust completely to understand more about them and whether they apply to your state or not.
Who Can Claim These Damages In A Wrongful Death Case?
This is also important to determine because not everyone in your family or friend circle will be in a position to bring a lawsuit to claim damages for the death of a person in your family. The court is going to look into different factors that qualify you as a claimant for these damages/compensation. Let’s have a look at a few relations and relatives who are qualified to bring in this lawsuit and claim damages for the same:
Husband Or Wife
The spouse of the deceased is in a position to bring forward this lawsuit and claim the damages. Because they have lost companionship and they are the surviving partner of the victim, they can claim these damages
Children
The children of the victim, preferably minors can be awarded these damages. Because they have lost their relationship and several benefits that came attached to the deceased parent, they are entitled to this compensation.
Parents
In this case, if the minor child has passed away due to the negligence of the defendant, the parents are entitled to recover damages. They have suffered a huge emotional trauma and loss of relationship which makes them the rightful claimant of this compensation.
Final Thoughts
So now you know what kind of damages and compensation are offered in a wrongful death case. Don’t delay it. Get in touch with your wrongful death lawyer to find out more about it.