While no amount of financial compensation can bring your loved one back, it can help you recover from the loss. In wrongful death cases, damages are awarded to eligible survivors to cover medical and funeral expenses and other losses.
Wrongful death lawsuits can also serve to send a message that negligent or reckless behavior will not be tolerated. However, pursuing this type of claim is complex and requires the help of an experienced lawyer.
Loss of companionship
Wrongful death laws establish that a surviving spouse or partner can recover damages for loss of companionship. This includes the lost love, sexual relations, affection, comfort, and society that they experienced with their loved one before they died because of someone else’s negligence or wrongful act.
Monetary compensation for this loss typically reflects the average monthly and yearly income their loved one would have earned had they survived. This calculation often requires the expertise of economists and other financial professionals.
A wrongful death claim Tampa FL can help compensate family members who suffered economic damages, such as medical bills and funeral costs. It can also include compensation for a victim’s pain and suffering. In most cases, the monetary awards for this damage fall into two categories: direct and indirect. Direct damages are measurable and involve expenses, while indirect damages reflect subjective losses. These can include a loss of companionship, emotional distress, and the failure of mental capacity.
Loss of income
A wrongful death lawsuit can help a family recover money for the loss of their loved one’s financial support. This can include compensation for lost wages and loss of work benefits, such as health insurance and a pension. It can also include the cost of funeral and burial expenses.
Proving the amount of lost income is a complex process that requires significant expertise. In many cases, it involves calculating the person’s earnings potential throughout their lifetime and considering their education, skills, and abilities.
The I.R.S. classifies any compensation received as compensatory and taxable income, but there are ways to minimize the impact on your family. For example, you can request that the court award the compensation in installments rather than a lump sum. This can prevent you from skyrocketing into a higher tax bracket. An experienced wrongful death attorney can help you make this happen.
Medical bills
Losing a loved one is devastating for family members, but wrongful death lawsuits allow survivors to obtain financial compensation for many of the out-of-pocket expenses they incur. This compensation can help ease the financial burden and provide justice for your loved one. In addition, a wrongful death lawsuit can serve as a deterrent for others to ensure they are careful and follow safety regulations so that their actions do not lead to fatal accidents.
In addition to economic damages, families may be awarded noneconomic damages such as loss of companionship and guidance from a deceased relative and conscious pain and suffering. While putting a monetary value on these types of failures is difficult, juries consider them when awarding damages in wrongful death cases.
Pain and suffering
The emotional and psychological trauma caused by the death of a loved one can be substantial for close family members. Bringing a wrongful death claim can help compensate family members for this loss and allow them to heal. It also conveys that negligent or reckless behavior will not go unpunished.
The wrongful death statute for each state defines who is eligible to bring an action and what damages are recoverable. For example, Colorado’s criminal death statute C.R.S. S.S. 13-21-201 allows spouses, children, parents, and siblings to file a wrongful death suit and recover economic damages for their losses.
The surviving family can also bring a survival claim to recover noneconomic damages for pain and suffering experienced by the decedent before their death. Hiring experts to prove these losses and the extent of the decedent’s pain and suffering may be necessary. Sometimes, juries award significant sums for the decedent’s conscious pain, suffering, and emotional distress.
