Wrongful death lawsuits are not about bringing your loved one back – that’s tragically impossible. They’re about holding the responsible party accountable and providing some financial security for those left behind.
These lawsuits are based on the idea that everyone has a right to a safe life, and if someone’s negligence takes that life away, the surviving family shouldn’t have to bear the entire burden.
Thankfully, most states have wrongful death laws in place to offer some measure of justice and support during this incredibly difficult time. You should call a wrongful death attorney to help you get justice if you have lost a loved one due to someone else’s fault.
Wrongful Death Lawsuits
A wrongful death lawsuit is a civil lawsuit filed by surviving family members against the person or entity responsible for causing the death of their loved one. These cases are differentfrom any criminal charges that might be filed by the state.
The goal of a wrongful death case is to recover economiccompensation for the losses suffered due to the death.
There are two main components to wrongful death lawsuits:
Survival claim
This survival claim seeks compensation for the pain and suffering, medical expenses, and lost wages of the deceased before they passed away. This essentially puts the estate of the deceased in the same financial position they would have been in if they had survived the accident.
Wrongful death claim
This claim seeks compensation for the losses sustained by the surviving family members due to the death. These losses are typically categorized as “damages.”
What are Bereavement Damages?
One of the key types of damages recovered in a wrongful death lawsuit is called “bereavement damages.” This legal term refers to the emotional pain and suffering sustained by the surviving family members due to the loss of their loved ones.
There’s no magic formula for calculating bereavement damages. The value is placed on the intangible losses, the grief, sorrow, and emotional distress experienced by those left behind.
Here are a few factors courts consider when determining bereavement damages:
Types of Damages that a Wrongful Death Suit Can Recover
Bereavement damages are the primary types of damages settled in wrongful death claims. But there are others as well. Here are a few of them:
Loss of Income and Earning Capacity
If the deceased was employed and contributing financially to the family, their absence will create a financial hardship.
A wrongful death case can recover compensation for the lost income the deceased would have earned over their lifetime. This may include future promotions, raises, and benefits they would have received.
Loss of Household Services
Many people take for granted the unpaid services a family member provides, such as cooking, cleaning, childcare, and yard work. The loss of these services can be significant and can create additional financial burdens for surviving family members.
A wrongful death case can seek compensation for the cost of recruiting someone to perform these services.
Medical and Funeral Expenses
The costs associated with the deceased’s medical care after the accident and their funeral arrangements can be substantial. Wrongful death lawsuits can seek compensation for these expenses.
Loss of Inheritance
If the deceased were expected to leave an inheritance to surviving family members, their death might affect their financial future. A wrongful death case can help recovercompensation for the lost inheritance.
Conclusion
It’s hard enough to deal with the passing of a loved one if they died of natural causes. It’s even worse to have to deal with the fact that they died because of another person’s negligence. Hiring a competent wrongful death attorney is the first step to getting justice. It may not bring your loved one back, but at least you would find peace knowing that you played your part.
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