The wrongful death of someone you knew is not easy to forget. It’s even more difficult when it is your spouse, child, or parent. When this does happen, there are many questions you may have about the legal process of wrongful death lawsuits. This article will cover what wrongful death damages are awarded in these types of lawsuits and some other misconceptions people may have about them.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil suit brought as a result of the death of an individual. It may be brought by the executor or administrator of the deceased person’s estate, close relatives such as parents and adult children, or other successors in interest.
Types of Damages Awarded
Types of damages awarded in wrongful death lawsuits vary depending on the nature and severity of the incident. However, there are general types of damages that may be awarded as seen below:
There is the loss of support, which is the financial help or the wrongful death settlement amounts that the person who has died would have provided his/her family. A judge or jury will look at several factors in deciding how much money the family should receive for this type of damages, including things like how old the decedent was and their ability to earn an income; whether there are other people who can contribute to the family’s income; and how much money the decedent was earning at the time of their death.
An award may be given for loss of affection or companionship, which is money that is given to a family member who has lost love and affection. This type of damages cannot be measured in dollars and cents but instead is given to the family because of their loss.
A final type of damage that can be awarded is for funeral expenses and medical bills. This wrongful death damages calculation compensates the family members for the cost of the decedent’s burial or cremation, as well as medical bills incurred on behalf of the decedent before they died.
Learn more: What is the Difference Between a Survival Action and Wrongful Death?
Who can file a wrongful death lawsuit?
A wrongful death claim can be filed by a spouse, children, grandchildren, parents, or siblings. However, not all family members may have the right to seek compensation, and who is eligible will vary from state to state.
Wrongful deaths cases vary in nature and severity depending on their circumstances. However, it is crucial to speak with an experienced wrongful death lawyer in Gainesville, GA, to ensure your legal rights are protected and know the extent of wrongful death compensation you are applicable to seek.