Types of Damages in a Wrongful Death Lawsuit

When a loved one dies, there’s an irreplaceable hole left behind. When a loved one dies because of someone’s irresponsible actions, the hole is even bigger. The job of a personal injury attorney is to put the jurors in the shoes of the family; to make them understand and feel the pain that the family feels when they lose a love one this way. A jury who understands the family’s pain will award the plaintiff damages.

Wrongful death damages vary from state to state, but are generally financial (also called pecuniary) damages awarded to the deceased’s beneficiaries. Beneficiaries are usually the spouse, children, or relatives who received financial support from the deceased. The main type of wrongful death damages is loss of provision for family members that the deceased supported financially from the period of time of the accident up to the death and for future earnings and benefits that the deceased would have provided for his or her beneficiaries.

Survival Law Damages

Survival laws award damages to the estate from the moment of the injury until the time of death. This includes not only the pain and suffering for the deceased but any lost earnings from the time of the accident until his/her death. If, however, the deceased died immediately as a result of the accident, then the estate would only be entitled to pain and suffering and not entitled to damages for the lost earnings.

Consider a car accident as an example – damages may include medical expenses, mental and physical pain and suffering, lost wages, and funeral and burial expenses from the time of the crash until the time of death. Survival law damages are time-sensitive – from the time of the accident until the time of death as a result of injuries caused by the accident. This could be hours, weeks, or months after the accident.

Economic or Pecuniary Damages

Pecuniary damages are based on the financial contributions the victim would have made to the survivors if he/she had not died. They may include medical and funeral expenses; loss of expected earnings; loss of benefits (pension plans or medical coverage), and loss of future inheritance.

Non-Economic or Punitive Damages

These damages often have more value than economic damages and can include mental anguish or pain and suffering for the survivors; loss of the care, protection, guidance, advice, training, and nurturing from the deceased; loss of love, society, and companionship from the deceased, and loss of consortium from a deceased spouse. These damages are awarded in cases of serious or malicious wrongdoing to punish the wrongdoer and to stop others from acting similarly. In many states these damages are not available in wrongful death lawsuits or not recoverable against certain defendants including most governmental agencies.

Getting Help

If a loved one dies after an accident or injury caused by the negligence or misconduct of another person or company, you may be entitled to bring a legal action for wrongful death against those responsible. Contact an experienced personal injury attorney at Wolf & Pravato as soon as possible, to discuss your legal rights and your potential case.