Types of Damages for a Wrongful Death Lawsuit

Family gathering at a graveside

The pursuit of a wrongful death claim is not only about seeking justice but also about securing financial compensation for the tangible and intangible losses suffered.

Types of Damages Awarded

The law recognizes a spectrum of damages that can be awarded to claimants, categorized into economic, non-economic, and, in some cases, punitive damages.

  • Economic damages cover the calculable financial contributions the deceased would have provided, such as lost wages and benefits.
  • Non-economic damages, on the other hand, attempt to quantify the unquantifiable: the pain and suffering, loss of companionship, and emotional distress caused by the wrongful death.
  • In instances of egregious conduct, punitive damages may also be levied against the wrongdoer, serving as punishment and a deterrent against future misconduct.

Factors Influencing the Amount of Compensation

Many factors influence the amount of compensation awarded in a wrongful death lawsuit. The deceased's earning capacity, age, health, and the circumstances of their death all play a role in determining the economic damages. Medical costs incurred before death and the costs associated with funeral and burial services are also taken into account. The claimant's relationship with the deceased is another critical factor, especially when assessing non-economic damages. The closer the kinship, the greater the presumption of loss. Each case is as unique as the individual it represents, and the compensation reflects the multifaceted impact of the loss on the survivors' lives.

Legal Process and Challenges in Wrongful Death Lawsuits

Proving Negligence or Liability

The cornerstone of any wrongful death lawsuit is establishing the negligence or liability of the party at fault. This legal hurdle requires claimants to demonstrate that the death was the result of a breach of duty, be it through careless actions or intentional harm. The burden of proof lies with the survivors, necessitating a thorough compilation of evidence, from eyewitness accounts to expert testimonies. The complexity of proving negligence underscores the value of a skilled attorney who can weave together the strands of evidence into a compelling narrative. This process is about presenting facts and telling the story of a life cut short and the void it has left behind.

Legal Support

At Carpenter & Zuckerman, we understand the profound impact a wrongful death can have on families. Our experienced team of attorneys is dedicated to helping you navigate the complexities of the legal system and fight for the compensation you deserve. Let us be your advocates in this challenging time and work tirelessly to ensure justice is served. Remember, you are not alone in this journey, and with Carpenter & Zuckerman by your side, you can take the necessary steps toward healing and closure.

If you have lost a loved one due to someone else's negligence, we encourage you to contact us.

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