Losing a loved one is devastating, but when someone else’s negligence or recklessness causes that death, surviving family members are left to face the financial and emotional loss.
A wrongful death claim can’t undo what happened. However, certain family members may be able to seek compensation for their losses. Understanding what damages may be available can help families make informed decisions about their future.
The full value of the life of the deceased
A wrongful death claim may arise when the negligent, reckless, intentional or criminal conduct of another person or entity causes a person’s death. The deceased person’s spouse, children, or in some circumstances, their parents can bring a wrongful death claim.
One of the most important concepts in a wrongful death case is the “full value of the life of the decedent,” which is broken into two categories:
1. Tangible value: This is the economic contributions the deceased would have made during their lifetime, including:
- Future earnings
- Benefits and other employment-related compensation
- Services provided to family members
Calculating these losses often involves looking at the deceased’s age, occupation, income, education, work history and expected retirement age.
2. Intangible value: This recognizes that a person’s life has value beyond their financial contributions.
This can include the loss of:
- Companionship
- Advice
- Emotional support
- Care and guidance
These losses are difficult to quantify because you can’t place a price tag on the person’s presence in their family’s life.
Some fatal accidents result in immediate death. But others involve days or weeks of medical treatment before that person passes away.
The deceased may have had emergency transportation, hospitalization, surgery and rehabilitation, which can quickly add up to substantial expenses. In some circumstances, medical costs related to the deceased person’s fatal injury or illness may be recoverable through a wrongful death claim.
Funeral and burial expenses can also create a financial burden. These costs often arise at a time when families are already dealing with emotional and financial consequences of an unexpected death.
In addition to the monetary recovery, a wrongful death claim can also allow family members to seek accountability and justice for the conduct that caused the death. A legal professional can explain what claims may be available and what types of damages you may be able to pursue.