Making Certain You Get All the Damages to Which You Are Entitled
When your loved one has died because of the careless or negligent acts of another person, your first and most important response needs to be grief. But when life starts to move forward again and you begin to acutely sense the loss on a daily basis, you need to take legal action to hold the wrongdoer accountable. While no amount of money can turn back the clock, it is important that you get adequate compensation for all the losses you’ve suffered.
In any type of personal injury claim, including a wrongful death lawsuit, there are generally three different types of potential damages (a legal term for “financial recovery for losses”):
- Economic losses—Those which are traditionally characterized as tangible or out-of-pocket
- Non-economic losses—Those which are typically more speculative, and consequently, more difficult to calculate
- Punitive damages—Those designed to sanction or punish the wrongdoer, or to serve as a warning to others. Punitive damages are extremely rare in personal injury claims.
Economic damages in a wrongful death action customarily include:
- Lost income or support from the deceased
- Any lost benefits, such as health insurance, retirement or pension funds
- The costs of funeral and burial services
- Any unpaid medical expenses of the deceased because of the accident that caused death
- The value of any services the deceased would have provided in the home, such as childcare, lawn care, meal preparation and housekeeping
- The extent to which an estate or inheritance is diminished because of the death
Non-economic damages tend to arise because of the loss of relationship between the deceased and family members. Typical non-economic damages include:
- Loss of consortium or companionship
- Loss of the love or society of a spouse, parent, child or other family member
- Emotional pain and suffering
- Loss of care, nurture, guidance, protection or training
Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
When your loved one dies because of the wrongful actions of another person, you have a right to seek monetary compensation for your losses. Though no amount of money will make you whole again, you have a right to hold the wrongdoer accountable for the ways the death has negatively changed your life. As a practical matter, the lawsuit will most likely be based on a legal theory of negligence, so you’ll have to show that the at-fault party failed to act as a reasonable person would, and that the failure to do so caused the accident which took the life of your loved one.
