A wrongful death case is a type of civil suit that can be filed by the survivors or the estate of a person that died due to someone else’s negligence or intentional actions. Usually, the person that actually files the lawsuit will be the representative of the victim’s estate, but the beneficiaries of the suit can include other family members, friends and dependents of the deceased.
There are a couple of different categories of wrongful death cases. One category allows beneficiaries to recover damages experienced by the victim from the moment that the negligent action occurred until the time of the victim’s death. In a car accident case, for example, this means that any medical bills, the victim’s pain and suffering, the victim’s lost wages and other costs incurred between the time of the accident and the victim’s death could factor into damages recovered in the suit. This could be hours or weeks, depending on the circumstances of the case. In this case, funeral and burial expenses would also factor into the amount of damages.
Another type of wrongful death claim covers losses experienced by the next of kin. These damages are meant to compensate family members for the financial losses that they’ve suffered as a result of their loved one’s death. The types of factors that go into determining the amount of these damages includes the loss of future earning potential, any benefits that they earn, loss of consortium and more.
There are several different parties that can recover wrongful death cases. The surviving spouse usually has the first claim to any damages that are handed out, as well as minor children of the victim. If the victim was a minor child, then parents of that child could also recover damages for their emotional trauma and the loss of their relationship with the child.
For more information about damages in wrongful death cases, reach out to the attorneys of Gaylord Popp today.