Types of Compensation for Wrongful Death Case
When an individual loses a loved one in an accident, they are often able to purse damages for their loss. Those who are able to pursue compensation in a wrongful death case include spouses, children, and parents, and there are five different types of damages that are awarded to the loved ones of the decedent.
Wrongful Death Case: Types of Damages
The five different types of damages that are pursued in a wrongful death case include the following:
- Loss of Support – this type of damage compensates loved ones for the lost earning capacity of the decedent. To determine the amount awarded for loss of support, there are several factors that are taken into account.
- Loss of Services – the beneficiaries of the decedent are able to pursue this form of compensation. The loss of services include things such as household chores, work performed at a business, or things such as a grandparent offering daycare services to a grandchild. The beneficiary would be able to pursue damages that amount to the value of the services that will no longer be provided by the decedent.
- Loss of Society – losing a loved one does not just mean losing their financial contributions, but also the loss of their companionship, care, advice, guidance and more. This type of wrongful death damage allows loved ones to receive compensation for the things that cannot be directly related to a dollar amount.
- Loss of Prospective Inheritance – when someone’s life ends sooner than expected, there is a loss of prospective inheritance as the inheritance received by beneficiaries will differ had they lived a full life.
- Mental Anguish – when unexpectedly losing a loved one, there is a great deal of pain associated to the loss. Mental anguish allows beneficiaries to pursue damages for the emotional pain that results from the death of their loved one.
Filing a Wrongful Death Claim
It is important to realize that only the estate of the deceased can bring on a lawsuit. The estate can bring on the wrongful death lawsuit on behalf of all the beneficiaries. If the beneficiary cannot decide how to allocate the proceeds from the wrongful death claim, the probate court decides.
If you have lost a loved one in a wrongful death accident, it is very important to seek the guidance of a wrongful death lawyer. In order to ensure that the proper claims are made for damages, beneficiaries should hire an experienced lawyer.
Contrada & Associates is able to work on behalf of your family to help you receive the compensation that is deserved for the loss of your loved one. To speak to a wrongful death lawyer at our office about your wrongful death case, call 419.841.4400.