Damages Available in a Wrongful Death Claim?
Request Free ConsultationA wrongful death claim occurs when another person or business causes the loss of life to another party as a direct result of negligence. It is up to the victim’s family or executor of the estate to prove that the wrongful death occurred and the value of damages. Damages are a way for the court to provide compensation for the loss of life. Consider the type of damages available in a wrongful death claim with the help of a Nashville wrongful death lawyer from Selvidge Injury Law.
Medical Bills for Care
The family can file a claim for any costs related to the medical care of the individual from the time of the accident through their death. This includes any costs related to hospitalization, ongoing support, or medications used during the person’s life.
Funeral Expenses
Family members can claim final expenses. This includes the cost of the funeral and burial, which is considered expected. Funeral expenses include all preparations, the purchase of a burial plot, cremation services, final remembrance events, and other costs you can document as expected losses.
Conscious Pain and Suffering
Conscious pain and suffering refers specifically to the pain and mental anguish that a person experiences from the time of their injury until their death. This applies in situations where they were aware of their condition and suffered as a result of it.
Loss of Earning Capacity
The family may also recover the loss of earnings from the time of the injury through the death. During this time, they were unable to work, contribute to retirement plans, or provide household services, allowing other family members to work.
Loss of Enjoyment of Life
The wrongful death claim may also include the loss of enjoyment in life or quality of life during the period from the time of the person’s injury until their death. In situations where a person lives in a vegetative state, this can become a critical component of the claim and damage recovery.
Pecuniary Value of Life
Perhaps the most challenging of all wrongful death claims to prove is the pecuniary value of life. That is a monetary level of compensation that is awarded to the family member for the death of their loved one. It aims to put a value on the economic impact that this loss will have.
There is no way to justify or fairly compensate for the loss of a person’s life. However, this process aims to quantify the financial harm suffered in the most accurate way possible. To calculate this value, the court considers factors such as the following:
- Financial losses: Losses of wages, benefits, and household services provided at the value that they would have continued to provide
- Loss of consortium: A type of damage that aims to compensate for the loss of companionship, love, and support that the deceased person can no longer provide
- Earning capacity: The value of the earnings the person was likely to contribute for their expected lifetime if they did not die as a result of this incident
All of these factors aim to put a value on the loss of life. However, that process is often very challenging for families to navigate.
Seek Out a Free Consultation with Our Nashville Wrongful Death Attorney
Turn to Selvidge Injury Law for a free consultation. Our experienced injury attorney in Nashville can answer your questions about the damages available in a wrongful death claim.