If you’ve lost a family member due to the fault of another, you may be entitled to wrongful death damages. But what exactly are these damages, and how are they calculated? Let’s break it down so you have a clear understanding of your rights, what to expect, and how our Care Team can be of help.
What Are Wrongful Death Damages?
Wrongful death damages are the compensation awarded to the family or estate of someone who died due to the legal fault of another person or entity. These damages aim to compensate for the financial and emotional losses suffered by the survivors.
In Arizona and South Carolina, it can be signed by a representative on behalf of surviving family members. This usually means the spouse, children, or parents of the deceased. In some cases, other relatives like siblings or grandparents may also have a claim if they can show they were financially dependent on the deceased.
It’s important to note that wrongful death claims are civil cases, separate from any criminal charges that may also be brought against the responsible party.
Types of Wrongful Death Damages
Several types of damages may be available in a wrongful death case:
Economic Damages
They include:
- Medical and funeral expenses
- Lost wages and benefits the deceased would have earned
- Loss of inheritance
- The value of goods and services the deceased would have provided
Non-Economic Damages
These damages are for the intangible losses suffered by the family, including:
- Pain and suffering of the survivors
- Loss of care, protection, and companionship
- Loss of consortium (for the spouse)
- Mental anguish
Calculating Wrongful Death Damages
Calculating the value of a wrongful death claim is complex. It involves considering numerous factors unique to each case.
Here are some of the key considerations that go into determining wrongful death damages:
The Deceased’s Earning Capacity
A major component of economic damages is the loss of the deceased’s expected earnings. This calculation looks at factors like:
- The deceased’s age, health, life expectancy, and earning capacity: The younger and healthier the person is, the more years of income are lost.
- Their education, training, and work experience: Higher levels of education and specialized skills generally equate to higher lifetime earning potential.
- Their income at the time of death: This provides a baseline for projecting future earnings.
- Their likely future earnings and career path: This considers any expected promotions, raises, or career changes the person would likely have experienced.
Expert testimony from economists or actuaries is often used to estimate these figures based on the person’s specific circumstances and relevant data, such as average earnings for their occupation and location. These experts also factor in things like inflation and the person’s anticipated retirement age.
The Deceased’s Role in the Family
The family’s loss of the deceased’s care, guidance, and household services is another significant factor, especially when the deceased had dependent children. The closer the relationship and the more the family relied on the deceased, the higher these damages tend to be.
For example, a stay-at-home parent who was the primary caregiver for young children would likely generate higher damages in this category than an adult child who lived independently from their parents. The age of the children is also relevant, as younger children will require care and support for a longer period.
The Circumstances of the Death
How the death occurred can impact the emotional distress suffered by the family. A particularly traumatic or shocking death may result in higher non-economic damages.
For instance, if the death was sudden and violent, like in a car crash or a crime, the psychological trauma to the survivors is likely to be more severe than if the death was due to a long illness. If the family members witnessed the fatal incident or came upon the scene afterward, that can also intensify their emotional distress.
The duration of the deceased’s suffering before death is another factor. If they lingered in pain for an extended time before succumbing to their injuries, this can increase the family’s non-economic damages for loss of companionship and watching their loved one suffer.
The Conduct of the Defendant
If the defendant’s actions were especially reckless or reprehensible, this can increase the likelihood and amount of punitive damages. The more egregious the conduct, the higher the potential punitive award.
Evidence that the defendant was acting maliciously, knowing their conduct was likely to cause harm, or was motivated by financial gain at the expense of safety, can all support a case for punitive damages. A history of similar misconduct can also bolster the argument.
Maximizing Your Wrongful Death Damages
If you’re pursuing a wrongful death claim, there are steps you can take to help maximize your potential damages. Here are a few key strategies:
- Gather evidence: Collect medical records, police reports, witness statements, and other documentation to support your claim.
- Track expenses: Keep detailed records of all costs related to the death, including medical bills, funeral costs, and loss of income.
- Journal your grief: Keeping a journal of how the loss has impacted your life can help demonstrate your non-economic damages.
- Hire experts: Economists and vocational experts can provide valuable testimony to substantiate your damages.
- Don’t accept the first offer: Insurance companies often make low initial settlement offers. Be prepared to negotiate for fair compensation.
- Be Patient: Wrongful death cases can take time. The stronger your case, the more likely you are to receive the full compensation you deserve.
Building a strong wrongful death case takes time, evidence, and expertise. It’s not a process you have to or should handle on your own. Working with a knowledgeable wrongful death attorney can make all the difference in getting the justice and financial recovery you need during this difficult time.
We Can Help
We know this is an overwhelming and difficult time. If you’ve lost a loved one and are considering a wrongful death claim, we’re here to help. Our Care Team can guide you through the process, answer your questions, and connect you with the resources you need. Reach out to our Care Team today to learn more about your options.