Families may struggle for years to recover after someone dies. The loss of a loved one can lead to intense grief and significant changes in family dynamics. Additionally, a premature passing can have profound financial implications.
In scenarios where surviving family members can show that misconduct or negligence was the cause of their loved one’s death, they may have grounds to file a wrongful death lawsuit. Wrongful death lawsuits allowed plaintiffs to request compensation for the financial impact of a tragedy. There are three general categories of damages that families may pursue in a wrongful death scenario.
1. Economic damages
Losing a loved one has a verifiable financial impact. Families have to adjust to lower household income because their loved one can no longer provide financial support. They may have medical and funeral bills to cover after the tragedy. There are also the lost services the family member provided and even the loss of inheritance to consider. Those expenses can add up quickly.
2. Non-economic losses
There are many consequences after a tragedy that do not have a direct economic value. For example, families can request compensation for the loss of enjoyment of life and the emotional distress that the tragedy caused. Surviving children can seek compensation for the loss of parental guidance, while surviving spouses can claim the loss of consortium. Pursuing compensation for non-economic losses can help offset the lasting harm caused by a tragedy.
3. Punitive damages
Only a small number of wrongful death losses result in punitive damages. State statutes establish a high threshold for punitive damages. Unlike economic and non-economic damages, punitive damages are a form of punishment imposed on the party to blame for the tragedy. Plaintiffs need evidence of malice or extreme recklessness to be able to request punitive damages in a wrongful death lawsuit.
Quantifying economic and non-economic losses can be difficult. Families may also have a hard time neutrally assessing their situation to determine if punitive damages are an appropriate request. Reviewing a recent tragedy with a legal professional can help families evaluate their options. A successful wrongful death lawsuit can minimize the financial impact of losing a loved one unexpectedly and may give families a sense of closure.