What Damages Are Available In Wrongful Death Cases?

Key Takeaways:

• Comprehensive Compensation: Wrongful death claims that cover economic damages (medical expenses, funeral costs, lost earnings) and non-economic damages (emotional distress, loss of consortium, pain and suffering).

• Legal Guidance Essential: Consulting a wrongful death attorney ensures all potential damages, including punitive and survival actions, are addressed for fair compensation.

• Seek Justice: Contacting experienced wrongful death lawyers, like those at The Law Offices of Julian Lewis Sanders & Associates, helps navigate the complexities of wrongful death claims and secure the justice families deserve.

Losing a loved one due to wrongful death is a devastating experience filled with emotional trauma and financial turmoil.

Families suddenly face unexpected expenses, like medical costs and funeral expenses, while grappling with the loss of companionship and future earnings.

Understanding the various damages available in a wrongful death lawsuit is crucial as doing so ensures families receive fair compensation for their losses, covering everything from economic damages to non-economic damages.

This knowledge empowers families to seek justice and hold negligent parties accountable, helping them rebuild their lives after such a tragic event.

Learn more about the differences between economic and non-economic damages in a wrongful death claim.

Table Of Contents

• What Is A Wrongful Death Claim?
• Economic Damages
• Non-Economic Damages
• Punitive Damages
• Factors Influencing Damages
• What Are Survival Actions?
• Contact Our Atlanta Law Firm Today!

What Is A Wrongful Death Claim?

A wrongful death claim is a legal action taken when an individual dies due to the negligent or reckless behavior of another.

The primary objective of a wrongful death lawsuit is to provide financial compensation to the deceased person’s family for their emotional and financial losses.

This includes medical expenses, funeral costs, and the loss of future earnings.

Eligible claimants for a wrongful death action typically include close family members such as spouses, children, and sometimes parents.

A personal representative of the deceased's estate can also file the lawsuit.

Wrongful death claims aim to hold the responsible party accountable and alleviate some of the financial burdens faced by the family during such a difficult time.

Consulting with a wrongful death attorney ensures that the claim is filed correctly and maximizes the chances of obtaining fair compensation for the family’s devastating loss.

Economic Damages

Economic damages in a wrongful death claim cover various financial losses the family endures.

Medical expenses are incurred from the time of injury until the deceased person's death, including hospital bills and medical treatment.

Funeral and burial expenses ensure coverage for funeral costs and burial services, relieving families of immediate financial burdens.

Loss of future earnings compensates for the deceased person’s lost income and potential future earnings, which is crucial for maintaining the family's financial stability.

Additionally, loss of benefits includes retirement benefits, health insurance, and other financial contributions the deceased would have provided.

These economic damages ensure the family receives fair compensation, helping them navigate the financial impact of their tragic loss.

Non-Economic Damages

Non-economic damages in a wrongful death lawsuit address the emotional and psychological impact on the surviving family members.

Emotional distress compensation is awarded for the significant emotional trauma endured by the family due to their loved one's death.

Loss of consortium covers the loss of companionship, guidance, and support the deceased person provided, which profoundly affects the family’s well-being.

Additionally, pain and suffering damages compensate for the unconscious pain and suffering experienced before their death.

These intangible losses, while not easily quantifiable, are crucial for providing a sense of justice and acknowledgment of the profound impact of wrongful death.

Understanding non-economic damages ensures that families pursue a comprehensive wrongful death claim, seeking fair compensation for both tangible and intangible losses.

Punitive Damages

Punitive damages in a wrongful death lawsuit are designed to punish the person responsible for reckless or negligent behavior and to deter similar actions in the future.

These damages are not aimed at compensating the family but at holding the wrongdoer accountable for their actions.

Punitive damages may be awarded when the fault individual’s behavior is especially egregious, such as in cases involving drunk driving, gross negligence, or intentional harm.

If a person’s reckless driving leads to a fatal accident, punitive damages could be pursued to penalize such behavior.

Another instance could involve a company knowingly selling defective products that cause fatal injuries.

Families can ensure that all aspects of wrongful death claims are considered by understanding the purpose and criteria for punitive damages.

Factors Influencing Damages

Several factors influence the damages awarded in a wrongful death claim. Life expectancy is a crucial element, as the deceased person's normal life expectancy helps determine the amount of future lost earnings and benefits.

For instance, a younger deceased individual with many working years ahead would typically result in higher compensation.

Economic contributions are also significant; they consider the financial support the deceased person provides to their family, including income, retirement benefits, and other monetary assistance.

Additionally, the quality of relationships plays a vital role.

The court assesses the impact of the loss on the surviving family members, considering the deceased’s role in their lives and the emotional support they offered.

Understanding these factors ensures that families seek comprehensive compensation that genuinely reflects their loss.

What Are Survival Actions?

Survival actions differ from wrongful death claims by focusing on the damages the deceased person suffered before their death.

While wrongful death actions seek compensation for the family’s losses, a survival action allows the deceased's estate to recover compensatory damages for the period between the injury and the time of death.

These damages can include medical costs incurred during treatment and lost wages that the deceased would have earned.

For instance, if the deceased person endured significant medical expenses and lost income due to their injuries before passing away, a survival action ensures these costs are compensated.

Understanding survival actions is crucial for families seeking comprehensive compensation.

Contact Our Atlanta Law Firm Today!

Understanding the types of damages in a wrongful death case is crucial.

Economic damages cover medical expenses, funeral costs, and lost earnings.

Non-economic damages address emotional distress, loss of consortium, and pain and suffering.

For expert guidance and to ensure fair compensation, contact the experienced wrongful death lawyers at The Law Offices of Julian Lewis Sanders & Associates for a free consultation.

We can help you navigate your claim and secure the justice you deserve.