A wrongful death lawsuit is a legal action brought by the family or dependents of a person who has died due to the negligence, recklessness, or intentional actions of another party. These lawsuits aim to provide financial compensation for the losses suffered by the surviving family members. Understanding the types of damages available can help families pursue justice and secure the resources they need after such a tragic loss.
Economic Damages
Economic damages are tangible, measurable losses that directly result from the death of the individual. These damages compensate for the financial contributions the deceased would have made to their family had they survived. They include:
Loss Of Financial Support
The deceased’s dependents may recover the income and benefits the individual would have provided. This calculation typically accounts for:
- The deceased’s salary or wages
- Potential raises, promotions, and career advancements
- Retirement benefits or pensions
Medical Expenses
These expenses may be recoverable if the deceased incurred medical costs before their death due to the injury or incident. This includes:
- Emergency care
- Hospital stays
- Surgeries and treatments
Funeral And Burial Costs
Families may seek compensation for the reasonable expenses of laying their loved one to rest. This includes funeral services, cremation or burial costs, and associated fees.
Loss Of Services
This refers to the value of household tasks and services the deceased would have provided, such as:
- Childcare
- Home maintenance
- Elderly care
Non-Economic Damages
Non-economic damages compensate for the intangible losses experienced by the surviving family members due to the wrongful death. These are often more subjective and harder to quantify but are just as significant. They include:
Loss Of Companionship
Also known as “loss of consortium,” this compensates family members for the emotional void left by the deceased. It reflects the loss of love, comfort, and support the individual provided.
Emotional Distress
Survivors may recover damages for the mental anguish and emotional suffering caused by the untimely death. This can include feelings of grief, depression, and loss of enjoyment of life.
Loss Of Guidance And Care
For children or dependents, this compensates for the loss of the deceased’s nurturing, advice, and parental guidance.
Punitive Damages
In some cases, punitive damages may be awarded to punish the at-fault party for particularly egregious behavior and to deter similar actions in the future. These damages are not meant to compensate the family directly but serve as a warning to others. Examples of conduct warranting punitive damages include:
- Drunk driving
- Gross negligence
- Intentional harm
Punitive damages are not available in all wrongful death cases and depend on the laws of the jurisdiction and the circumstances surrounding the death.
Survival Damages
Survival damages compensate for the pain and suffering the deceased experienced before their death. These damages are separate from the wrongful death claim and are typically pursued by the deceased’s estate. They may cover:
- Conscious pain and suffering before death
- Pre-death fear or trauma
- Lost wages between the injury and death
Call Our Firm For Legal Assistance
Damages available in a wrongful death lawsuit encompass both the economic and emotional losses suffered by the family. Consulting an experienced Youngstown wrongful death lawyer can help families navigate the complexities of wrongful death claims and secure the compensation they deserve during such a difficult time. Contact Joseph Law Group, LLC to find out how we can help.
