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Types of damages in a wrongful death claim

On Behalf of | Dec 8, 2017 | Wrongful Death |

Losing a loved one can be difficult to handle emotionally, mentally and financially. When that loss is triggered by the negligence of another party, it may be possible to file a wrongful death claim.

For those with a solid case, it is important to calculate the desired damages properly. There are a few types of damages to consider in a wrongful death case.

Loss of income

Loss of income is usually the greatest award of damages for a wrongful death suit, and also one of the easiest parts to calculate. The courts are able to utilize the deceased individual’s pay and average life expectancy, along with a few other factors, to determine an appropriate amount.

Loss of consortium

Loss of consortium, or companionship, is a harder form of damages to prove, yet it is still quite common in such cases. Individuals should brace themselves for the defending attorney to try to attack their relationship with the deceased. This may be a trying and hurtful portion of the trial process. However, having a knowledgeable attorney may help in properly defending the claimant during this portion and throughout the entire lawsuit.

Pain and suffering

If the claimant was witness to the suffering of the deceased due to the incident, it may be possible to recover damages for pain and suffering. In the case of a wrongful death, the pain and suffering charges do not exceed the death, but may compensate for the suffering from the time of the incident until passing.

These are just some of the main types of damages surviving individuals may claim. To receive the compensation you deserve, make sure you fully understand the law and requirements of the process, especially the three-year statute of limitations. Also, take your time when selecting your attorney. Though this process cannot replace the loved one you have lost, it may help you to maintain stability as you move forward.