Losing a loved one due to the negligence or intentional actions of another party can be devastating. In addition to the emotional toll, the loss can also result in financial hardships for the surviving family members.
When a wrongful death occurs, it may be possible for the surviving family members to seek compensation for their losses through a wrongful death lawsuit. In this blog post, we are going to explain how wrongful death damages are calculated.
What Are Wrongful Death Damages?
Wrongful death damages refer to the compensation that is awarded to the surviving family members of the deceased in a wrongful death lawsuit. The damages may include both economic and non-economic losses, such as medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship.
Calculating Damages
Calculating wrongful death damages can be a complex process. The specific damages that are awarded will depend on the circumstances of the case. Some of the factors that may be considered when calculating damages include:
Non-Economic Losses
Non-economic losses refer to the emotional and psychological impact of the death on the surviving family members. These specific losses can’t be easily quantified in terms of physical money. This is why hiring an attorney is important because they know how to navigate and calculate non-economic losses.
We recommend contacting a reputable attorney like alphaaccidentlawyers. They have the experience and knowledge to ask for a reasonable wrongful death settlement amount.
A common example of non-economic losses is pain and suffering. Those that survive might experience significant emotional pain and suffering because of their loved one’s death. This can include feelings like stress, grief, depression, and anxiety.
Another example of non-economic losses is loss of consortium. This refers to the loss of the emotional and intimate connection that the surviving partner or spouse had with their loved one.
Also, loss of enjoyment of life is another example. Loss of enjoyment of life can include the loss of the ability to engage in hobbies, activities, and other enjoyable pursuits.
Economic Losses
Economic losses refer to the financial losses that are incurred as a result of the wrongful death. This can include medical expenses in the event that the deceased received any medical treatment for their illness or injuries before they passed away. The surviving family members might be entitled to compensation for the medical expenses that were accumulated.
Another compensation that the family might be entitled to receive is for the costs related to the burial and funeral service. Also, if the deceased would have left an inheritance to the surviving family members had they not passed away, the surviving family members may be entitled to compensation for the loss of that inheritance.
In the event that the person that passed was the primary breadwinner for the family, the surviving family members may be entitled to compensation for the loss of income that the deceased would have provided.
Age and Health of the Deceased
The age and health of the deceased may also be taken into consideration when calculating damages. For example, if the deceased was relatively young and had a long career ahead of them, their loss of future income may be greater than if they were close to retirement age.
Additionally, if the deceased had significant medical expenses before their death, the surviving family members may be entitled to more compensation for those expenses.
The age and health of the deceased can also impact liability in a wrongful death case. For example, if the deceased was elderly and in poor health, it may be more difficult to prove that their death was caused by the actions of the defendant rather than by natural causes. On the other hand, if the deceased was young and in good health, it may be easier to argue that their death was caused by the defendant’s actions.
Keep in mind that the age and health of the deceased should not be used to diminish the value of their life or the impact of their death on their surviving family members. Every life has value, and every wrongful death case should be evaluated based on the specific facts and circumstances of the case.
An experienced wrongful death attorney can help you understand how the age and health of the deceased may impact your case and how to best present your case to maximize your compensation.
Income of the Deceased
The income of the deceased may also be considered when calculating damages. If the deceased was the primary breadwinner for the family, their death may result in a significant loss of income for the family.
In such cases, the surviving family members may be entitled to compensation for the loss of income that the deceased would have provided over their expected work life. This compensation may include lost wages, lost benefits, and future earning capacity.
The income of the deceased can also impact liability in a wrongful death case. For example, if the deceased was killed while on the job. Their employer may be held liable for their death if their death was the result of the employer’s negligence or intentional actions.
Similarly, if the deceased was killed in a car accident caused by a negligent driver, the driver may be held liable for the loss of income that the deceased would have provided.
Contributory Negligence
Contributory negligence is the idea that the actions of the deceased may have contributed to their own death. This may reduce the amount of damages that the surviving family members can recover.
Sometimes the defendant may argue that the deceased was partially responsible for their own death due to their own negligent actions or failure to take reasonable care for their own safety.
For example, if the deceased was driving above the speed limit at the time of the car accident. Here the defendant may argue that their speeding contributed to the accident. This shows that they were partially responsible for their own death.
In some states, contributory negligence can be used as a complete defense to a wrongful death claim. This means that if the court finds that the deceased was even partially responsible for their own death, the surviving family members may be barred from recovering any damages.
While, in other states, a concept called comparative negligence is used instead of contributory negligence. Comparative negligence allows the court to divide fault between the parties involved in an accident, including the deceased. The damages that the surviving family members can recover are then reduced by the percentage of fault assigned to the deceased.
Please keep in mind that the rules regarding contributory or comparative negligence can vary by state and can be complex.
Who Can Sue for a Wrongful Death Case?
Since the person that is no longer with us can’t sue on their own behalf, the ones that can make this type of claim include the surviving partners or spouses, the parents, the children, immediate family members, or a personal representative of the deceased person’s estate. But, every state has their own wrongful death statute that determines who is allowed in the eyes of the law to make the claim.
Who Can Be Sued?
Pretty much any entity or individual can be sued if they cause a wrongful death. Some common examples include:
- Companies that manufacture or design defective products that lead to death
- Drivers at fault for a collision
- Companies that provide alcohol to impaired drivers that end up causing fatal accidents
- Companies that do not warn of the risks of their products
- Builders and designers of roadways that are faulty
- Agencies that don’t provide warnings about dangerous road hazards
- Medical professionals that committed malpractice
- Employers of the person that caused the death (like the clinic of the doctor that committed the malpractice)
Immunity From Wrongful Death Lawsuits
There are exceptions to who can get sued if they cause or contribute to a wrongful death. An example is government agencies and government employees. They might be immune from liability for actions within the scope of their official duty.
Also, employers might not be sued by an employee for a wrongful death that occurs on the job. Instead the claim is made via the workers compensation system for the employer.
Hiring a Wrongful Death Lawyer
Sometimes it is best to contact a professional attorney that has experience in dealing with wrongful death cases. During this situation it might be overwhelming choosing the best attorney to handle your case.
Make sure that you choose someone that has experience handling this specific case type. You want someone that has successfully represented clients in wrongful death cases and has a thorough understanding of the legal process.
Also, take a look at their reputation because this is a good indicator of their ability to handle your case. Look for a lawyer who has a good reputation in the legal community and among former clients.
It is also important to choose someone that has the resources to properly investigate your case. Attorneys with financial resources and the right contacts will be able to litigate your case without an issue.
Look for a lawyer who is responsive and communicates effectively with you. You want a lawyer who will keep you informed throughout the legal process and answer your questions in a timely manner.
Something else to take into consideration is how much they are charging you. Make sure that you look for someone that is transparent with their fees and that charges what you can afford to pay.
Last but not least, trust your instincts. You want to choose someone that you feel comfortable talking with. Also someone that you feel you can trust to represent your best interests.
Statute of Limitations
There is a time limit for when a wrongful death lawsuit can be filed. Although it varies by state, the most common time frame is two years from the date of death.
In the event that the death was caused by medical malpractice, the time limit might not start until you find out about the malpractice that caused the death. An example of this is if you did not know until you got the autopsy report two months after your loved ones death that malpractice was the cause of death, the clock doesn’t start running until that date that you found out.
When you delay filing until after the statute of limitations passes in the state you live in, the claim can’t go forward because it is barred.
How Are Damages Paid Out?
This depends on the case. It can be paid out in one large sum, or as a structured settlement. With a structured settlement you will receive regular, on-going payments over a certain amount of years or months, depending on the amount.
Ready to Deal With a Wrongful Death Lawsuit?
As you can see calculating wrongful death damages can be a complex process. The specific damages that are awarded will depend on the circumstances of the case.
In general, damages may include both economic and non-economic losses and will be based on a variety of factors. Like the age and health of the deceased, the income of the deceased, and any contributory negligence.
If you have lost a loved one due to the negligence or intentional actions of another party, it may be worth speaking with an experienced wrongful death attorney to determine your legal options for seeking compensation.
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