Calculating Damages in Wrongful Death Cases: What Can Families Recover?

Personal Injury & Car Accident Attorneys Serving Fort Myers and Naples, Florida, as well as Atlanta, Georgia

Posted: November 15, 2024

Grieving mother comforts her adult daughter on the couch following a tragic accident.Losing a loved one due to someone else’s negligence or misconduct, also known as wrongful death, is a profound and life-altering event. Families not only face overwhelming grief but are also thrust into a world of financial uncertainty and legal complexities. At Kelleher Law, we understand the immense pain and confusion that accompanies such losses. Our experienced wrongful death attorneys are committed to helping families navigate these turbulent times by ensuring they receive the justice and compensation they deserve.

In this guide, we'll explore the types of damages that can be recovered in a wrongful death lawsuit, shedding light on how these compensations are calculated and how they can aid in the healing process.

Types of Damages in Wrongful Death Cases

Wrongful death claims allow families to seek various types of compensation, broadly categorized into economic and non-economic damages.

Economic Damages:

  • Medical Costs: These cover any medical expenses incurred due to the incident leading to death, from emergency care to ongoing medical treatments before the death.
  • Funeral Expenses: Reasonable costs of funeral and burial services are recoverable.
  • Loss of Income and Benefits: This includes the earnings the deceased would have provided if they had lived, including salaries, bonuses, and benefits such as health insurance and retirement contributions.
  • Loss of Inheritance: An estimation of the savings and assets the deceased would likely have accumulated and left as part of their estate.

Non-Economic Damages:

  • Pain and Suffering of the Deceased: Compensation for the pain and suffering the deceased experienced from the time of injury to death.
  • Loss of Companionship and Support: Compensation for the loss of love, companionship, comfort, guidance, and advice the deceased would have provided.
  • Mental Anguish: The psychological impact on surviving family members due to the sudden loss of their loved one.

Calculating Damages

Calculating these damages involves complex formulas that consider factors like the age, health, life expectancy, earning potential of the deceased, and the circumstances of surviving dependents. Expert witnesses such as economists, actuaries, and medical professionals often provide testimony to ensure accurate calculations.

How a Wrongful Death Attorney Can Help

Navigating a wrongful death claim requires understanding intricate legal and financial details. An experienced wrongful death attorney can help by:

  • Gathering necessary evidence and documentation.
  • Consulting with expert witnesses to accurately calculate damages.
  • Negotiating with insurance companies and at-fault parties.
  • Litigating the case in court if a fair settlement is not offered.

Consult with a Lawyer to Discuss a Wrongful Death Case

While no amount of money can replace a loved one, receiving rightful compensation can provide financial stability and a sense of justice to grieving families. If you are dealing with the aftermath of a wrongful death, consider speaking to a wrongful death attorney to explore your legal options and ensure your rights are protected. Contact Kelleher Law in Naples, Fort Myers and Atlanta, GA at 833-546-3675Contact us at 833-546-3675.

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