Damages Recoverable in a Wrongful Death Case

Wrongful death happens when a person is killed because of the reckless or negligent behavior of someone else. Family members of the deceased may be able to file a wrongful death lawsuit against the responsible party. A wrongful death lawsuit determines the amount of damage the surviving family members can collect.

Types of damages

In general, there are three types of damages available to the survivors in a wrongful death lawsuit: (1) economic, (2) non-economic, and (3) punitive.

Economic damages: These damages include the value of the financial contribution the victim would have made to the survivors had he/she been alive. Survivors may recover damages for:

·         Medical and funeral expenses related to the death

·         Loss of the victim's expected earnings

·         Loss of benefits, such as pension plans or medical coverage

·         Loss of an inheritance caused by the untimely death

Non-economic damages: Survivors of the deceased may recover damages for:

·         Mental anguish or pain and suffering

·         Loss of the care, protection, guidance, advice, training, and nurturing from the deceased

·         Loss of love, society, and companionship from the deceased

·         Loss of consortium from a deceased spouse

Punitive damages: These damages are awarded to punish the defendant for especially bad conduct. In many states, these damages are not available in wrongful death lawsuits or not recoverable against most government agencies.