When a close family member passes on unexpectedly, the resulting grief can be overwhelming. And while the death of a loved one could not have been prevented, the pain is no less than if the loss was brought about by negligence.
Sadly, wrongful death is a common occurrence. Families all over the world are mourning lost ones due to negligence every day. If the loss of a close relative is due to someone’s negligence, you have the right to seek compensation. Specifically, you may be wondering how to calculate wrongful death damages.
Nothing will bring your loved one back. However, a well-filed wrongful death case can result in compensation that may help lessen the financial burden of your loss.
Lost Earnings
When it comes to calculating monetary losses or damages as a result of wrongful death, there are two main components to consider: lost wages and medical expenses. When it comes to lost earnings, the purpose is to calculate the deceased’s future earning potential for the time.
They would have likely remained employed, taking into account inflation, salary increases, and similar factors throughout their work life. This calculation is then used to compute the deceased’s future earnings for their family. Calculations for medical expenses focus on medical bills incurred related to the death, such as:
- funeral
- burial
- medical costs
- Both these components, taken together, form the basis for the wrongful death damages award.
Loss of Consortium
The calculation of damages in wrongful death suits can be complex, especially if the suit focuses on the loss of consortium claims. A court typically will evaluate the individual’s earnings to determine the full economic losses stemming from the death.
In the case of loss of consortium, the court must also estimate the value of the deceased’s services, companionship, society, and protection to the survivors, both in terms of financial contribution and emotional support.
The court will also usually consider the size of the family, the age and health of the parties, the length of the marriage, and the impact of the death on the surviving family members. In estimating these damages, the survivors can present evidence such as:
- medical and mental health records
- Reports from financial experts
- witness testimonies, among other evidence.
Loss of Parental Guidance
Wrongful death damages are calculated to compensate the deceased’s family for their wrongful death losses. These damages may include financial loss, as well as non-economic loss for intangible pain and suffering. In the case of loss of parental guidance, the family of the deceased may be eligible for wrongful death compensation to account for the loss of:
- guidance
- advice
- companionship
This loss is typically calculated by assessing the estimated worth of the guidance and advice. The deceased parent could have provided for their children until the time they would have reached the end of their life expectancy. Damages may include amounts to cover the children’s emotional distress, funeral and burial expenses, and economic damage suffered by the surviving family.
Loss of Inheritance
Damages for wrongful death are based on how much the person’s life was worth. This includes the person’s possible earning power and the pain and suffering that could have been avoided.
In figuring out the damages for a wrongfully killed person’s loss of an estate. The approach usually involves figuring out how much the decedent would have earned or gotten during his or her expected life span.
To do this, the court looks at things like how much money the person has made and invested in the past. Plus, the estimated value of those things when the person died. You can back up these calculations with both subjective and objective data.
Go to alphaaccidentlawyers.com, an experienced legal team united to help those who are struggling with the loss of inheritance due to the wrongful death of a loved one. They specialize in civil cases involving death and will work with the family to receive fair and just compensation for the wrongful death of their loved one.
Pain and Suffering
Wrongful death damages are calculated by looking at the economic and non-economic losses that the deceased suffered. When calculating damages for pain and suffering, courts typically take into account emotional distress, mental anguish, scarring or disfigurement, physical pain, and suffering. Economic losses, like
- medical expenses
- lost wages
- future earning potential
These are also considered in the assessment of wrongful death damages. These calculations are used to determine the total value of the claim so families need to provide a comprehensive list of economic and non-economic losses. In some cases, punitive damages may be awarded and this amount is usually double or triple the amount of compensatory damages for further compensation.
Loss of Companionship
The calculation of wrongful death damages due to loss of companionship is based on an overall assessment of the circumstances surrounding the death of the person and the impact that death had on the surviving family members. Factors such as:
- the relationship between surviving family members
- the type of dependency that existed
- the age and sex of the deceased
These all play an important role in the calculation of damages. The courts will take into account all of these factors to determine an appropriate and fair amount of wrongful death damages that are due to the affected family members.
Understanding Wrongful Death Damages
Wrongful death damages can vary greatly depending on the circumstances of the case. Families of the deceased should seek both financial and emotional support to cope with a tragic loss of life.
An experienced wrongful death attorney can evaluate the unique circumstances of the case. To determine what damages are available and how they should be calculated. If you or a loved one has been affected by wrongful death, contact a local attorney to learn more about your rights and potential recovery.
You can also learn more about personal injury and many more by browsing the rest of our blog.
James Martin is a passionate writer and the founder of OnTimeMagazines & EastLifePro. He loves to write principally about technology trends. He loves to share his opinion on what’s happening in tech around the world.
