Dealing with the loss of a loved one is never easy, and the emotional toll can be even greater when the death was caused by someone else's negligence or wrongful actions. In these cases, surviving family members may be entitled to compensation through a wrongful death claim. This blog post will explore the types of damages available in wrongful death cases, how they are calculated, and the importance of consulting with an experienced wrongful death attorney to protect your rights and ensure you receive the compensation you deserve.
Types of Damages in Wrongful Death Cases
There are several types of damages that may be awarded in a wrongful death case, including:
- Economic damages: These are the financial losses resulting from the death, such as medical expenses, funeral and burial costs, and loss of the deceased's income and benefits. Economic damages can also include the value of the services the deceased would have provided to the family, such as childcare or household maintenance.
- Non-economic damages: These damages compensate for the emotional pain and suffering experienced by the surviving family members, as well as the loss of companionship, guidance, and support from the deceased.
- Punitive damages: In some cases, the court may award punitive damages to punish the wrongdoer and deter others from engaging in similar conduct. These damages are not intended to compensate the family but to serve as a deterrent for future wrongful actions.
Calculating Damages in Wrongful Death Cases
Calculating damages in a wrongful death case can be a complex process, as several factors must be considered. Some of these factors include:
- The age of the deceased: The age of the deceased at the time of death can impact the calculation of lost income and benefits, as well as the value of lost services.
- The earning capacity of the deceased: The court will consider the deceased's earning capacity, including their education, training, and work history, to determine the amount of lost income and benefits.
- The financial needs of the surviving family members: The court will also consider the financial needs of the surviving family members, including their ages, health, and educational needs.
- The degree of negligence or wrongdoing: The level of negligence or wrongdoing on the part of the defendant can impact the amount of damages awarded, particularly in cases where punitive damages are being sought.
Given the complexity of calculating damages in wrongful death cases, it is essential to consult with an experienced attorney who can help you navigate this process and ensure that all relevant factors are considered.
Protecting Your Rights with the Help of an Experienced Wrongful Death Attorney
At the Law Offices of Gump, Deal & Hirth, our compassionate and knowledgeable wrongful death attorneys understand the emotional and financial challenges faced by families dealing with the loss of a loved one. We are committed to helping you understand your rights and the damages you may be entitled to in a wrongful death case.
Our team will work closely with you to gather evidence, consult with experts, and build a strong case on your behalf. We will also handle all communication with insurance companies and opposing counsel, allowing you to focus on healing and moving forward with your life.
If you have lost a loved one due to someone else's negligence or wrongful actions, don't wait to seek the justice and compensation you deserve. Contact the Law Offices of Gump, Deal & Hirth today to schedule a free consultation and learn more about how we can help you in your wrongful death case.