The unexpected loss of a loved one can be traumatic and create many different challenges for loved ones. Families facing these challenges should be familiar with how a wrongful death claim, and wrongful death damages, may be able to help them with some of these challenges during a difficult period.
Several categories of wrongful damages can potentially help surviving family members with the financial and emotional struggles they face following the loss of their loved one. The negligent party, such as a negligent driver, may be liable for those damages through a wrongful death claim for damages brought by surviving family members. A wrongful death claim is brought by the personal representative of the lost loved one’s estate for the benefit of surviving loved ones.
Some of the different types of damages families may be able to recover include: compensation for funeral and medical expenses; loss of support and services; lost prospect of inheritance; and loss of companionship and consortium. Other types of damages may be available as well depending on the circumstances.
Calculation of damages
The damages will be determined according to the characteristics and condition of the lost loved one. The calculation of damages can take into account the lost loved one’s earning capacity, life expectancy, health and intelligence. It may also take into account the circumstances of the surviving family members and loved ones.
Following a fatal car accident, there are a variety of struggles and challenges that may immediately be thrust upon a family that they did not expect to face. For that reason, the legal process provides protects to help families during that time and beyond.