Wrongful Death Damages: Types, Calculation, and Factors Considered
When a loved one dies due to someone else’s negligence, the emotional and financial impact on the surviving family can be overwhelming. Wrongful death lawsuits provide a legal avenue for seeking compensation for the damages suffered. Understanding the types of wrongful death damages, how they are calculated, and the factors considered is crucial for ensuring a fair settlement. In this blog post, we will explore the various types of wrongful death damages, the methods used to calculate them, and the factors that influence the final award.
Types of Wrongful Death Damages:
- Economic Damages:
Economic damages aim to compensate for the financial losses resulting from the wrongful death. They include:
a. Medical Expenses: Any medical bills incurred prior to the death, including emergency treatment, hospitalization, medication, and therapy.
b. Funeral and Burial Expenses: The costs associated with the funeral, burial, cremation, or memorial services.
c. Loss of Future Earnings: The projected income that the deceased would have earned over their expected work life, taking into account factors such as salary, benefits, and career advancement.
d. Loss of Benefits: Compensation for the loss of benefits such as health insurance, pension plans, retirement funds, and other employment-related perks.
e. Loss of Inheritance: If the deceased would have left an inheritance to the surviving family members, this loss can be included in the economic damages.
- Non-Economic Damages:
Non-economic damages are more subjective and aim to compensate for the intangible losses experienced by the surviving family. They include:
a. Pain and Suffering: Compensation for the physical and emotional pain endured by the deceased before their death, as well as the pain suffered by the surviving family members due to the loss.
b. Loss of Consortium: Compensation for the loss of companionship, guidance, love, and support that the deceased provided to their spouse, children, or other dependents.
c. Emotional Distress: The psychological impact of the loss, including grief, anxiety, depression, and other emotional suffering.
Calculating Wrongful Death Damages:
The calculation of wrongful death damages can be complex and varies depending on the jurisdiction and specific circumstances of the case. Two common methods used for calculating damages are:
- Multiplier Method: This method involves multiplying the economic damages by a certain factor, often referred to as a multiplier. The multiplier is determined based on factors such as the severity of the negligence, the age and earning capacity of the deceased, and the impact of the loss on the surviving family members.
- Loss of Support Method: In this approach, the damages are calculated by estimating the financial support that the deceased would have provided to the surviving family members throughout their expected work life.
Factors Considered in Determining Damages:
Several factors influence the determination of wrongful death damages, including:
- Age and health of the deceased
- Occupation, earning capacity, and income of the deceased
- Marital status and number of dependents
- Relationship between the deceased and the surviving family members
- Emotional and financial impact on the surviving family
- Circumstances of the death and the level of negligence involved
- Jurisdiction-specific laws and legal precedents
How The Lopez Law Group Can Help
Wrongful death damages aim to compensate the surviving family members for the economic and non-economic losses they have suffered due to the negligent actions of another party. Understanding the types of damages, the calculation methods, and the factors considered is essential for pursuing a fair settlement. If you have experienced the wrongful death of a loved one, consult with an experienced wrongful death attorney who can help evaluate your case, gather evidence, and ensure that you receive the compensation you deserve for the damages incurred.
If you have lost a loved one due to someone else’s negligence or wrongdoing, the Lopez Law Group can help. Our experienced wrongful death attorneys in Weslaco, TX can guide you through the legal process of filing a wrongful death claim in Weslaco and ensure that your rights are protected. We understand how difficult and emotional this process can be, and we are committed to providing compassionate and effective representation to our clients. Contact our Weslaco wrongful death lawyers today to schedule a free consultation and learn how we can help you seek justice for your loved one.
