What Damages are Recoverable After a Wrongful Death?

Losing a loved one is an agonizing experience, and when that loss occurs due to the negligence or intentional actions of another party, it becomes a wrongful death. This article delves into the complexities of recoverable damages in such cases, shedding light on the various aspects of compensation that can aid surviving family members in their pursuit of justice.

Economic Damages

Medical Expenses

The financial aftermath of a wrongful death often includes medical expenses incurred before the individual's passing. These encompass hospital bills, emergency medical care, and any other costs associated with attempts to save the deceased. Recoverable damages aim to alleviate the financial strain on the grieving family, providing compensation for reasonable medical expenses.

Funeral and Burial Costs

Funeral and burial expenses can be substantial and contribute to the financial burden faced by the grieving family. Recoverable damages extend to cover these costs, ensuring that the family is not further burdened by the economic repercussions of the tragedy.

Loss of Financial Support

One of the key economic damages recoverable after a wrongful death is the loss of financial support. This includes the income and other financial contributions the deceased would have provided over their lifetime. Calculating these damages involves assessing potential future earnings and financial support that the family will now be deprived of due to the wrongful death.

Non-Economic Damages

Pain and Suffering

While challenging to quantify in monetary terms, damages for pain and suffering are an essential component of a wrongful death claim. This includes compensation for the physical and emotional distress endured by the deceased before their untimely death.

Loss of Companionship

Family members may seek compensation for the intangible losses resulting from the wrongful death, such as the loss of companionship, love, and guidance the deceased would have provided. Non-economic damages recognize the profound impact on the emotional well-being of surviving family members.

Emotional Distress

The psychological toll of witnessing the death or coping with the aftermath can lead to severe emotional distress. Recoverable damages may encompass compensation for the emotional anguish experienced by surviving family members as a result of the wrongful death.

Who Can Recover Damages?

Surviving family members eligible to recover damages typically include the spouse, children, parents, and other dependents. The relationship between the claimant and the deceased plays a crucial role in determining eligibility, and the legal system acknowledges the varying degrees of impact the loss has on different family members.

Factors Affecting Damages

Age and Life Expectancy of the Deceased

The age and life expectancy of the deceased significantly influence the amount of damages awarded. Younger individuals with longer life expectancies may result in higher compensation, considering the potential years of income and support that have been lost.

Income and Financial Contributions of the Deceased

The financial contributions the deceased would have made throughout their life, including potential future earnings, play a crucial role in determining economic damages. The evaluation of these contributions helps quantify the economic impact on the surviving family members.

Circumstances Surrounding the Wrongful Death

The specific details of the wrongful death incident, including the degree of negligence or intent, can significantly affect the damages awarded. Cases involving gross negligence or intentional misconduct may result in higher compensation.

Jury Discretion

Juries may have discretion in determining the amount of damages, taking into account the unique circumstances of each case. This discretion allows for a more nuanced approach to justice, considering the individual factors that contribute to the wrongful death.

Navigating the legal aftermath of a wrongful death is a challenging journey, but seeking justice for your loved one is paramount. Understanding the types of damages recoverable, the eligible parties, and the factors influencing compensation is crucial for building a strong case. If you find yourself facing such a situation, consulting with an experienced Omaha wrongful death attorney can provide guidance and support throughout the process, ensuring your rights are protected as you pursue justice for your loved one.