Losing a loved one due to someone else’s negligence or wrongful actions is an emotionally devastating experience. In such cases, surviving family members may pursue a wrongful death claim to seek justice and compensation for their loss. Compensation in wrongful death cases can vary based on factors such as the circumstances of the death, state laws, and the relationship between the deceased and the survivors. Here are the types of compensation that may be available in a wrongful death claim:
Medical Expenses: This includes any medical bills and healthcare costs incurred as a result of the injury or illness leading to the wrongful death. Your lawyer, like a wrongful death lawyer, knows this can encompass hospital stays, surgery, medications, and other treatment expenses.
Funeral and Burial Costs: The expenses related to the funeral, cremation, burial, memorial service, and related arrangements are typically recoverable in a wrongful death claim.
Loss of Financial Support: Survivors may be entitled to compensation for the loss of financial support that the deceased would have provided if they had not passed away. This can include lost income, benefits, and potential future earnings.
Loss of Services: If the deceased provided household services, childcare, or other forms of assistance, the survivors may seek compensation for the value of these services.
Pain and Suffering: Surviving family members may be entitled to compensation for the emotional pain, suffering, and mental anguish resulting from the wrongful death. This is challenging to quantify but can be a significant part of the claim.
Loss of Companionship: Compensation for the loss of companionship, love, and emotional support provided by the deceased is a common element in wrongful death claims, particularly for spouses and children.
Loss of Consortium: This refers to the loss of the deceased’s spousal or familial companionship, including the loss of intimacy and emotional support.
As lawyers from a law firm like Ward & Ward Law Firm know, Punitive damages are intended to punish the defendant for their wrongful actions and to deter others from engaging in similar conduct. They are not awarded in all wrongful death cases and are typically reserved for cases involving gross negligence, intentional misconduct, or egregious behavior.
In some cases, survivors can file both a wrongful death claim and a survival action. A survival action allows the estate of the deceased to pursue compensation for the damages that the deceased suffered before their death. This may include medical expenses incurred during treatment and pain and suffering experienced by the deceased.
Attorney’s Fees And Costs:
In many wrongful death cases, attorneys work on a contingency fee basis, meaning they only get paid if they secure a settlement or judgment on behalf of the survivors. Their fees are typically a percentage of the compensation recovered. Additionally, attorneys may advance the costs associated with pursuing the claim, such as court fees, expert witness fees, and investigation expenses.
It’s important to note that the availability and calculation of compensation in wrongful death claims can vary widely depending on the specific circumstances and the laws of the state in which the claim is filed. Consulting with an experienced lawyer who specializes in wrongful death cases is crucial to navigate the legal complexities and ensure that survivors receive the compensation they deserve while coping with the emotional challenges of their loss. Contact a compassionate lawyer for help now.