Wrongful death claims: What damages can I pursue?

Imagine you lost your husband, wife, son or daughter in a fatal car accident caused by a negligent or unlawful driver. You may have the ability to pursue financial damages by filing a wrongful death claim against the party at fault for your loved one's death.The decision to file a wrongful death claim, however, is not an easy one to make, and you probably have a lot of questions about the process. In this article we will look at the most common question wrongful death plaintiffs ask: What kinds of damages can I pursue?

Assigning financial damages to the death of a close family member is not easy to do. After all, no amount of compensation could ever replace a loved one lost due to someone else's negligence. However, monetary compensation is the only way courts have to try and right such an unfortunate wrong.

In most wrongful death actions, courts will attempt to estimate how much money the deceased individual may have earned during the course of his or her life -- and this figure may serve as one of the most important components of a wrongful death damage claim. If the individual didn't have a job, then courts will try to estimate the value of other kinds of contributions that he or she made to the plaintiffs in the case. In addition, surviving family members might seek financial compensation for pain and suffering, lost family relationship, funeral and memorial expenses, punitive damages and more.

Potential wrongful death plaintiffs, who have lost their loved ones in fatal accidents may want to keep in mind that statutes of limitation -- or time limitations -- will apply to their ability to file a claim for damages. As such, it's best to speak with a lawyer as soon as possible to explore the strengths and weaknesses of your potential lawsuit, and to determine how much time you have to file your action.

Source: FindLaw, "Wrongful death FAQ," accessed June 16, 2017

No Comments

Leave a comment
Comment Information