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What damages are recoverable in a wrongful death suit?

On Behalf of | Sep 27, 2019 | Wrongful Death |

The loss of a loved one is not an easily accepted event. This is true even though everyone’s life must come to an end at some point. The shocking death of a loved one can be challenging to cope with not only because his or her life was suddenly taken from them too soon, but they also lost their life because of the negligence of another party. When you believe another is at fault in the wrongful death of a loved one, it is possible to seek legal recourses.

A wrongful death lawsuit is designed to help surviving family members recover losses when a loved one’s death was caused by the negligence or recklessness of another party. The idea behind this legal action is to make one whole again, despite the fact that nothing can be done to bring back their loved one.

What damages are recoverable in a wrongful death suit? The actual damages one will recover in this civil action are dependent on the circumstances surrounding the incident as well as certain factors, such as the age of the victim. One can seek pecuniary losses. This includes damages such as loss of support, loss of services, lost prospect of inheritances, medical expenses and funeral costs. Factors such as age, income and relationships, like parent and spouse, can impact in damage award.

One could also seek punitive damages. These are available in cases where serious or malicious wrongdoing exists. The purpose of this damage award is to punish the wrongdoer and deter others from behaving in a similar fashion. Finally, a survival action could be sought. This focuses on the conscious pain and suffering of the deceased prior to their death.

The wrongful death of a loved one is something that is often challenging to move on from. In some cases, the damages caused by this tragic event are rather extensive. Therefore, it is vital to explore your rights when it comes to recovering damages, as this could offset the financial harm caused by the death of a loved one.



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