What Types of Damages Can Be Recovered in a Wrongful Death Case?

From lost income and medical expenses to compensation for grief and loss of companionship, many types of damages can be recovered in a wrongful death case. Economic and non-economic damages are both common. Punitive damages and survival damages may also be applicable.

The eligible damages all depend on the circumstances of your case. A Los Angeles wrongful death lawyer can tell you which damages you can recover. Here is more about the damages in these cases.

Economic Damages: Financial Support for Surviving Family Members

Losing a loved one is a devastating experience that can have a significant impact on one’s life, including their financial well-being. The following financial burden can be overwhelming, especially if the deceased was the primary breadwinner. In such cases, the surviving family members may be left struggling to make ends meet, unsure of how to move forward.

Our experienced Los Angeles personal injury lawyers can help you cover these costs. Some of the economic damages that our attorneys can help you recover in a wrongful death claim include:

• Lost income and benefits, including wages, pensions, and social security benefits
  
• Medical and funeral expenses
  
• Loss of inheritance or other expected financial support
  
• The value of services and support that the deceased would have provided, such as childcare or household maintenance

Our team will work diligently to calculate the financial impact of your loss so you can rebuild your life and secure your financial future.

Non-Economic Damages: Compensation for Emotional Loss

You are also entitled to non-economic damages, which can provide compensation for intangible, yet very real, emotional losses. Here are some of the common damages in this category.

Loss of Companionship

The loss of companionship is a devastating aspect of wrongful death cases, and it’s essential to understand its emotional impact on you and your loved ones. This legal damage pays for the loss of a loved one’s emotional support, guidance, and companionship. 

When evaluating the value of a loss of companionship, we consider the following factors:

• The nature and quality of the relationship before the wrongful death
  
• The frequency and type of interactions you had with your loved one
  
• The emotional support and guidance your loved one provided
  
• The impact of the loss on your daily life and overall well-being

Emotional Distress

It’s common to feel consumed by grief, anxiety, and sadness after losing a loved one, making everyday tasks feel insurmountable. A wrongful death claim can provide compensation for emotional distress, including grief counseling and other forms of emotional support. 

This financial support can help you cope with the traumatic loss of your loved one and take the first steps towards healing. It’s crucial to have a team of experienced attorneys who understand the significance of emotional recovery and will fight to help you receive the compensation you need.

Some of the ways a wrongful death claim can support your emotional recovery include:

• Grief counseling to help you process your emotions and develop coping strategies
  
• Financial support to help you take time off work or seek professional help
  
• Compensation for emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD)

Some common types of emotional distress include:

• Anxiety and depression
  
• Sleep disturbances and nightmares
  
• Loss of appetite and weight changes
  
• Feelings of guilt or shame

Funeral and Burial Expenses: Covering the Cost of Final Arrangements

Recovering funeral and burial expenses may be possible through various means. These include:

• Insurance claims: If the at-fault party had insurance, you may be able to file a claim to cover funeral and burial expenses.
  
• Legal representation: A wrongful death attorney can help you maneuver through the legal process and fight for compensation to cover these costs.
  
• Government assistance: Depending on the circumstances of the death, you may be eligible for government assistance to help with funeral and burial expenses.
  
• Personal resources: In some cases, you may need to use your own resources to cover these costs, but a wrongful death attorney can help you explore other options first.

A wrongful death attorney can help you find ways to cover the costs of final expenses. By seeking legal representation, you can focus on coping with your loss while your attorney works to ensure that you receive the financial support you need.

Survival Damages: Recovering for the Deceased’s Pain and Suffering

Your loved one may have also experienced pain and suffering before their death. This is where survival damages come into play – a type of compensation that acknowledges the deceased’s pain and suffering. 

The process of determining survival damages involves a pain assessment to evaluate the severity of the deceased’s pain and suffering. This assessment is based on evidence of their suffering, including:

• Medical records that detail their treatment and condition
  
• Witness statements from family members, friends, and healthcare professionals
  
• Documentation of their experiences, such as diaries or journals
  
• Other relevant records that highlight the deceased’s pain and suffering

It’s important to know that survival damages do not go to the survivors but to the deceased’s estate. Probate law will determine how it gets distributed from there.

Learn What Types of Damages You Can Recover in Your Wrongful Death Case

Now that you know the types of damages you can recover in a wrongful death case, it’s time to find out which ones your case may qualify for. Pursuing economic, non-economic, punitive, and survival damages can secure financial support for your family’s future and hold negligent parties accountable. 

While no amount of compensation can bring back what’s been lost, it can help alleviate the burden of grief and provide a sense of closure. Securing fair compensation is crucial in helping your family move forward. To discuss your case, contact J&Y Law for a free consultation.