When a family loses a loved one, they can be drastically affected financially, mentally, and emotionally. The pain and grief are further compounded when the death is caused by negligence or wrongful actions by another person. Fortunately, surviving members of the family can file a wrongful death lawsuit to seek monetary compensation for their loss. If you’re thinking of filing a wrongful death lawsuit but aren’t quite sure what legal damages you may be entitled to, read on as we explore the different types of damages that may be available to you and whether you qualify to receive them.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a form of legal action taken by the surviving family members or beneficiaries of anyone who dies due to negligence or wrongdoing by another person or party. The primary purpose of the lawsuit is to seek compensation for damages suffered because of the loss of a loved one. Despite involving a death, wrongful death lawsuits are filed in civil court rather than a criminal court. To win the case, the plaintiff must provide a preponderance of evidence to prove that the defendant is liable for the untimely demise of the victim.
Who Can File a Wrongful Death Lawsuit?
Each state has unique laws which clearly show the people that are eligible to file wrongful death claims. For instance, the laws can indicate the person who is eligible to file the claims and the compensation they’re entitled to. With that said, most states have similar guidelines that allow immediate family members, the surviving spouse, children, and even the victim’s parents to file the claim and receive damages.
What Damages Can You Receive?
The surviving family members and beneficiaries of the deceased may be entitled to various damages depending on the circumstances of the case and the laws of the state where the claim is filed. These details are important to keep track of in situations like these. While it may feel like a lot this will help you in the long run. The most common damages available in a wrongful death lawsuit include:
Economic Damages
These damages are typically meant to compensate the family for any financial losses suffered because of the death of their loved one. The damages include medical expenses, lost wages, and other out-of-pocket costs associated with the case. These expenses could be hard to replace suddenly so it’s best to receive this type of financial compensation as soon as possible. Replacing these damages can help your family in a moment of crisis.
Non-Economic Damages
As the name entails, non-economic damages are meant to compensate the victim’s beneficiaries for any non-financial losses suffered because of the loss of their loved one. These damages cover everything from loss of companionship to pain and suffering. While these are not physical damages, they can still harm others. Pain and suffering can cause you to miss work and affect your way of living. Getting financial compensation for these types of damages can help give you the support you need during this time.
Punitive Damages
In many states in the US, these damages are only awarded if the defendant acted intentionally and carelessly in connection with the death. Essentially, punitive damages are not only meant to punish the defendant but also prevent others from doing similar careless actions. These rules are put in place to protect the public and keep others from causing reckless damage or harm. It’s important to understand how these damages occurred and keep all those details in order.
The Bottom Line
Wrongful death claims can be a source of justice and financial relief after the death of a loved one. The damages available typically depend on the laws of the state where the case is filed and the specifics of the case. For a more proactive outcome, it is advisable to contact a professional legal expert. A legal expert will be able to give you all the information necessary to help build you a solid case. Make sure you have all your details to help them win the said case.
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