Elements of a Wrongful Death Lawsuit
November 15, 2022 | Wrongful death
When a death occurs as a result of the negligent or reckless actions of another party, the survivors of the deceased can seek compensation through a wrongful death lawsuit. This lawsuit is a type of personal injury claim that is brought against the liable party (or parties) in order to recover financial compensation for the loss of an accident victim.
There are various elements that must be proved in order for the survivors of the deceased to recover compensation in a wrongful death lawsuit.
- The death of your loved one was caused by the negligent or intentional actions of another person. These negligent or intentional actions must have caused harm to the deceased individual resulting in their death.
- The liable party had a duty of care towards the deceased. For example, drivers are required to obey traffic laws such as not driving while under the influence of alcohol. If a driver gets behind the wheel while drunk, this constitutes negligence.
- There is evidence to show that the deceased died as a result of the negligent or intentional actions of the liable party.
Proving negligence is vital for the success of a wrongful death lawsuit. It is important to work with an experienced personal injury attorney. They have the skills, experience and resources to build a strong case on your behalf.
They will help you recover maximum compensation.
Types of Damages Available for Wrongful Death Lawsuits
There are three types of damages that are recoverable in a wrongful death lawsuit. These are:
- Economic damages
These damages are given for tangible losses resulting from the death of your loved one. They include:
o Lost income – for the period that the deceased would have been working after the injury
o Loss of future income – this includes what the deceased would have earned until their retirement
o Loss of future benefits – this includes any benefits the deceased would have received through to the age of retirement such as pension and health insurance.
o Funeral and burial costs
o Medical expenses – for the treatment the deceased received while alive
- Non-economic damages
These are intangible damages. They include:
- Loss of consortium from the deceased spouse
- Loss of companionship, society and love
- Loss of care and guidance
- Pain and suffering
- Post-traumatic stress, anxiety or depression
- Punitive damages
These are damages that are given as a punishment to the liable party. They may include a fine and jail time.
Economic and non-economic damages are compensatory damages. This means that they are given with the intention of compensating the deceased’s family for their loss. Punitive damages however, are given as a punishment to the liable party. They are a deterrent for similar behavior.
It is important to have the guidance and representation of an experienced attorney when seeking compensation through a wrongful death lawsuit. Contact us today to consult with an experienced attorney and get started with seeking justice on behalf of your loved one.
Elements of a Wrongful Death Lawsuit