Wrongful Death Claim – What Types of Damages Can Dependents Recover?

January 23, 2023

Accidents can cause serious injuries, pain and suffering, and even the death of a loved one. The loss of loved ones can be devastating from an emotional as well as financial point of view. When another party’s negligence or recklessness causes the death, then the death is termed as wrongful death. The victim’s family members can file a wrongful death claim against the party at fault to get financial compensation for the loss.

What is Wrongful Death?

To be termed as wrongful death, the victim’s death should be due to another party’s negligent behavior or inability of a party that owed them a duty of care to act on time. Wrongful death falls under civil law instead of criminal law, where the death of someone is caused intentionally. This is why wrongful death cases do not have strict requirements for the burden of proof.

Who Can Seek the Claim?

Individuals who were dependent on the victim in their life can seek compensation by filing a wrongful death claim—for instance, the victim’s parents, spouse, or children. In addition to this, anyone else can prove being dependent on the victim or anyone who was mentioned in the will of the person who passed away.

It is important to remember that being related to the victim does not authorize compensation; it is essential to prove a dependent. Moreover, if the claimant is the victim’s child, young and minor adults will more easily get compensation than children over the age of 25. Get in touch with an experienced wrongful death lawyer at Butler Law Firm; they will help you understand the laws surrounding this claim.

What Types of Damages can be Recovered?

The types of support provided to the individual dependent on the victim can be recovered in financial compensation by filing a wrongful death claim. Moreover, damages like the emotional distress due to the loss of a loved one can also be covered in the claim. The types of damages that can be recovered include:

1)   Medical Expenses

The medical bills resulted from the victim being hospitalized for treatment before death due to medical malpractice. The claimant can seek compensation for the medical expenses.

2)   Loss of Income

If the victim had a source of income and supported their household through it, then their dependents can see compensation for this loss of financial assistance due to the passing of a loved one.

3)   Emotional Suffering

Individuals who suffer from serious emotional distress and psychological trauma due to the passing of a loved one can seek compensation and recover the cost for pain and suffering that needed medications, hospitalization, or psychological counseling. This also includes the loss of companionship.

4)   Funeral Costs

The individuals who paid for the funeral services can file for a wrongful death claim to recover these costs.

5)   Loss of Estate

Individuals who were going to receive an inheritance from the victim can seek compensation by filing for a wrongful death claim.

 In Conclusion

Losing a loved one in an accident where the other party was at fault can not only leave you in grief but also devastate you, especially if the victim financially supports you. But regardless of the situation and negligence of people that resulted in the death of your loved one, financial compensation can help you overcome monetary problems that resulted from the death. An experienced and skilled lawyer can help you pursue your claim through them and get back at the people responsible.

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