If I file a wrongful death lawsuit, what type of damages can I recover?

It is a tragedy when a loved one loses his life due to the negligence or recklessness of another individual or company. This type of fatal injury may be the result of a car or truck accident or an injury in the workplace. In these situations, you and your family may be able to file a wrongful death claim. The purpose of such a lawsuit is to seek damages for the loss of your spouse or family member. The claim may be established for:

  • The spouse and children of the decedent
  • The spouse if there are no children
  • Other legal heirs if there is no spouse or children (parents or grandparents)

A wrongful death lawsuit may be filed against:

  • An individual 
  • An employer or employee
  • A company
  • A government agency

Wrongful death can cause serious financial problems, including funeral costs and medical bills. There are a number of different types of damages you may be able to recover. These include:

  • Funeral and burial expenses. The typical cost for a funeral in the U.S. is $7,000-$10,000. You may be able to claim compensation to cover these costs.
  • Medical expenses. This applies only if there are any medical expenses related to the final illness or injury of the decedent.
  • Lost income. This is a calculation of lost wages and benefits which is determined by the age of the victim, how long he was expected to live, his income when he died, and his projected future income. It may also include the value of services and goods that the victim would have provided, as well as the value of lost benefits such as health insurance and pensions.
  • Pain and suffering. This includes damages that are awarded as compensation for the survivors’ emotional suffering, mental anguish, and the loss of emotional support and companionship that the decedent would have provided to surviving family members.
  • Punitive damages. These damages are awarded as a means of punishing the individual or party responsible for the wrongful death.

While wrongful death cases can be unpredictable, an experienced attorney who specializes in this field can review your circumstances. He can then help you understand whether you have a case and what compensation you and your family may be entitled to. Find out more about wrongful death lawsuits by calling our wrongful death attorneys on 888-591-9976. We are here to listen and answer all of your questions.