When a person dies because of negligence or wrongful conduct, surviving family members may be entitled to compensation for losses caused by the death. These losses can include financial harm as well as the loss of companionship, care, guidance, services, and other important parts of a family relationship.
The damages available in a wrongful death lawsuit depend on applicable state law, the circumstances of the death, and the relationship between the deceased person and those seeking compensation.
There is no universal dollar value for the death of a spouse, parent, or child. A proper evaluation considers the deceased person’s life, expected future, family relationships, evidence establishing responsibility, and the categories of recovery permitted by law.
Financial Losses After a Wrongful Death
Lost financial support can be one of the largest economic losses following the death of a working spouse or parent.
Evaluating that loss may require consideration of earnings history, occupation, age, education, career trajectory, employment benefits, expected work life, and the amount of income that probably would have supported the family.
A deceased person may also have provided valuable household services. Childcare, transportation, home maintenance, meal preparation, and caregiving have economic value even when no paycheck was received for performing them.
Funeral, burial, medical, and other expenses may also be recoverable depending upon applicable law and the claims involved.
Personal and Family Losses
Some consequences of death cannot be measured through financial records.
Depending on state law, surviving family members may seek damages involving companionship, society, care, comfort, advice, guidance, and other benefits of the relationship.
The death of a parent can deprive a child of years of parental guidance. The death of a spouse can destroy the companionship and support associated with a marriage.
Our discussion of economic and non-economic wrongful death damages provides additional information about the distinction between measurable financial losses and these deeply personal losses.
Evidence concerning family relationships can be important. Photographs, communications, testimony, shared activities, and information about the deceased person’s daily role within the household can help demonstrate the nature of the loss.
Punitive Damages May Be a Separate Issue
Some wrongful death cases involve allegations that a defendant’s conduct was substantially more serious than ordinary negligence.
Depending on applicable law, punitive or exemplary damages may be available when evidence establishes gross negligence, malice, conscious disregard of an extreme danger, or other particularly serious misconduct.
These damages differ from compensatory damages because their focus is generally the defendant’s conduct rather than the family’s losses.
Our page concerning punitive damages in wrongful death lawsuits explains why a fatal accident does not automatically justify punitive damages and why internal company evidence can become important in these cases.
What Determines the Value of a Wrongful Death Case?
There is no reliable universal formula. The deceased person’s age, health, occupation, earnings, expected future, and family relationships can all matter.
Liability is equally important. Strong physical evidence, company records, electronic data, witnesses, and expert analysis may affect the evaluation of a case.
Available insurance and collectible assets can also influence the practical recovery. Serious trucking, industrial, construction, and product cases may involve multiple companies or policies, making identification of all responsible parties particularly important.
The identity of the beneficiaries and the law governing the claim can further affect the damages available.
A wrongful death lawyer can evaluate the applicable law, identify eligible beneficiaries, investigate responsible parties, and develop evidence concerning the complete effect of the death.
No amount of compensation can restore a person who has died. Wrongful death damages provide the monetary remedy available through the civil justice system when another person’s or company’s wrongful conduct has caused permanent losses to a surviving family.
