What types of damages can you receive in a wrongful death case?

The good news is that common sense, and the law tends to correspond with one another with respect to economic damages in a wrongful death action. If you relied on someone for financial support, you are entitled to sue for that loss of support and income.

Additionally, economic damages are not limited to just the financial support that you receive, but also include loss of potential gifts or benefits that you reasonably would have received. Even if your loved one did not financially support you, you could still receive the economic value of household services that they may have provided you.

The wrongful death attorneys in our office will regularly consult experts to assist in the forecast and calculation of future damages. Experts can range from actuaries to accountants, financial planners, and even professional housekeepers.

When it comes to non-economic damages in a wrongful death action, you are entitled, among other things, to the loss of “love, companionship, comfort, care assistance, protection, affection, society, and moral support.”

Because of the ambiguous nature of this, there is no precise formula to establish the value of this claim, and thus another area where a quality wrongful death attorney can assist. A study of the frequency of contact between the decedent and the claimants is one major element; however, the frequency of contact is not the entire issue. Sometimes, the quality of contact is more important than quantity. Additionally, the focus is sometimes on the high degree of importance the loved one played in a claimant’s life.

In addition to the generic claim for loss of love companionship, the law also recognizes what can be a substantive claim for loss of “training and guidance.” This can be particularly important in cases involving minor children who lose their mother or father, or worse both. Parents play such a significant role in the successful development of children. With one or both missing, this can sometimes be the most significant loss in a wrongful death action.

While it is technically a separate category from loss of love and companionship, there is also a potential claim for loss of sexual relations. This can obviously be a delicate topic, and sometimes bringing it can cause more anguish for clients. It is something our wrongful death attorneys carefully evaluate to determine if it is something worth specifically bringing, or lumping it into the broad category of love and companionship.

However, the law has certain limitations about what can be brought in a wrongful death action to be a surprise to many clients. While we do not necessarily agree with the law, it is part of the discussion that is necessary.

If a wrongful death case goes to trial, juries traditionally read instructions from the judge that they may not consider the “grief, sorrow or mental anguish” that our clients suffered from the loss of a loved one. While that is the law, a good wrongful death attorney will hopefully characterize much of those same feelings into loss of love and companionship. It’s not a complete solution, but never-the-less, one tactic to obtain some of that loss.

With very few exceptions, another type of damage that you cannot obtain in a wrongful death action is the “pain and suffering” that the loved one endured from the time of the accident until they passed away. This can be particularly agonizing in situations in which there was a prolonged period from the accident and the wrongful death.

Some clients are often frustrated to hear that the defendant’s poverty or wealth is not allowed to be considered in most wrongful death actions. The law is based on the concept of how the loss of the decedent impacted the family, not the ability to pay. However, the defendant’s wealth might come into play if the wrongful death was caused by malice or otherwise punitive damages are allowed by law.

Oversimplified, wrongful death actions are for losses that occurred after the wrongful death. A wrongful death action focuses mostly on damages that occurred after the date of death. In contrast, survival actions are for damages and losses that occurred after the wrongful conduct and before the death. The most common damage in a survival action are medical bills that were incurred; however, loss of income can be sought as well. In cases involving hospitalization, whether in an intensive care unit or otherwise, these can be quite significant.