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Losing a loved one due to negligence or wrongful death can be devastating. The losses are devastating, especially for those who lost the breadwinner of the family.

Even though no amount of money can cover the emotional loss a family faces, the law allows people related to the victim to seek reimbursement on behalf of the deceased.

Through a wrongful death attorney, surviving family members can pursue compensation for their losses, from medical damages to future earnings and loss of enjoyment of life.

In this article, we will go over the different damages you can claim in a wrongful death claim.

Funeral and Burial Expenses

The average funeral expenses in the US range from $7,000 to $12,000. This covers embalming, burial, viewing, and casket fees.

For cremation, the cost is around $6,000 to $7,000. In a wrongful death claim, families are entitled to compensation for these costs, which can be significant and cause a financial burden. 

Medical Costs

If the deceased received any medical treatment before passing, the medical expenses can be claimed as part of the wrongful death lawsuit. This includes:

• Medical bills
• Surgeries
• Doctor’s fees
• Rehabilitation costs

These expenses can quickly pile up, particularly if the deceased received prolonged care before passing.

Loss of Financial Support

A major part of economic damages is loss of financial support. If your loved one was employed, you are entitled to lost wages. This encompasses the wages missed during hospitalization and what they could have earned in the future.

Sometimes, the wages can also include more than just the lost wages. You can get extra compensation for bonuses, insurance covers, and pensions they could have gotten from their jobs. For survivors who depend on the deceased, these amounts are necessary to maintain their standard of living.

Pain and Suffering

This falls under non-economic damages. If the deceased suffered before their passing, you can claim pain and suffering damages. It compensates for the mental anguish, physical pain, and emotional distress the victim went through.

The severity of the pain and suffering before the unfortunate death is considered in determining the amount rewarded. Family members can also claim the grief and emotional suffering that resulted from the death.

Loss of Consortium

It refers to the loss of comfort, companionship, and support the surviving spouse experiences after death. The remaining spouse is often left to ensure emotional trauma as a result of another person’s negligence. The impact on the survivor’s daily life and emotional well-being is taken into account when determining the compensation amount.

Loss of Property

If there was property damage due to the accident, the family of the deceased is entitled to be compensated. This is common in car crashes where the vehicle is completely damaged. The amount is often determined by the cost of repairs or the total value of the item.

Punitive Damages

The objective of these damages is to punish the defendant for their wrongdoings. It can also be used to set an example to the public. Punitive damages are mostly awarded in cases where the actions of the defendant were grossly negligent.

The court will look for evidence to show that a defendant’s actions showed a blatant disregard for the safety and well-being of others.

For example, death caused by an assault or driving under the influence may sway the decision to award punitive damages.

However, punitive damages are not guaranteed, and their availability may vary depending on jurisdictions.

Conclusion

In a wrongful death claim, the damages and compensation awarded to the family of the deceased are intended to provide financial support and suffering caused by the death of a loved one.

Most damages, like funeral expenses, lost wages, and medical expenses, are normally economic. However, in severe cases, punitive damages may be awarded.