The Damages You May Claim in a Wrongful Death Suit
In the event of a wrongful death, a representative of the deceased’s estate can file a lawsuit if loss of life was believed to have been caused by a careless act, neglect or default, and if death had not occurred, the injured could have recovered damages through a personal injury suit. Only those directly impacted financially by the loss of the loved one, such as the deceased’s spouse, child or parent (in the case of a minor), can pursue a claim,.
The amount of compensation your family may receive is based on a number of factors, including the victim’s age, their health prior to the accident, their income and benefits at the time of death, age of their dependents, and their capacity for future earnings.
In most cases, you can seek compensation for:
- Funeral and burial expenses
- Medical expenses
- Loss of future income
- Loss of benefits, such as health insurance, pensions and retirement benefits
- Loss of your loved one’s services, such as the care of a child, if they were a stay-at-home parent
- Mental anguish, pain and suffering, and loss of companionship
Families can also seek punitive damages, which act as a deterrent to future negligent or reckless activities, helping to ensure no other family has to face the loss of a loved one at the hands of the defendant.