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3 Types Of Damages To Pursue In A Wrongful Death Case

18 June 2015 by Franklin Vasquez

Did you recently lose a loved one to an unfortunate accident? Do you believe another person or company should be held liable for your loved one's death? If so, you may want to consider filing a wrongful death suit. Most states allow spouses, children, estate executors, and anyone else who had a close relationship with and financial dependence on a deceased person to file a wrongful death claim. If you do file, you'll need to decide what kinds and what amount of damages to pursue. Here are three of the most common types of damages that are sought in wrongful death claims:

Losses suffered by the deceased. Obviously, your deceased loved one cannot file a suit himself or herself. That doesn't mean, though, that the liable party is off the hook for any damages that your loved one may have suffered. Most states will allow you to pursue damages that your loved one suffered between the time the accident occurred and the time your loved one passed away.

Those damages often include things like medical bills, lost wages due to time away from work, and even compensation for your loved one's mental and physical suffering. In some cases, a person may die weeks or even months after the accident. If your loved one required extended care and treatment at home during that time, you could include the costs for the care in the damages.

Losses suffered by family members. You and your family have no doubt suffered greatly due to the loss of your loved one. You can pursue damages for that suffering in a wrongful death suit. In many states, these damages are limited to immediate family members and financial dependents, so adult siblings, parents of grown children, and other extended relatives couldn't file a suit in those states unless those relatives had financial dependence on the deceased.

Also, many states limit these damages to replacement of the income that was lost by the deceased's passing. These damages are meant to replace financial loss in most states, not to compensate for emotional pain and suffering.

Loss of consortium. In some states, a spouse can pursue additional charges for loss of consortium. This is much like compensation for emotional suffering. It's meant to compensate the spouse for losing the companionship and loving relationship that they had with their deceased spouse. It also may be relevant if the couple has children and one spouse is left to raise those children on his or her own. The court may view that loss of parental partnership as loss of consortium.

For more information, talk a professional wrongful death attorney, like those at Bangel, Bangel, & Bangel. They can review your loved one's death and advise on which damages you should pursue. 

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