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Damages in a wrongful death action

On Behalf of | Feb 1, 2022 | Personal Injury

When a loved one is suddenly taken away from them due to the negligence of another, it can be a challenging event for anyone to process. Therefore, it is important that one considers their options when it comes to filing a wrongful death action and understand the damages he or she could recover.

Wrongful death damages

Damages in a wrongful death action fall into the categories of economic damages or noneconomic damages. With regards to economic damages, this could include the financial support the decedent would have contributed to the family during their life expectancy, the loss of gifts or benefits, funeral and burial expenses and the reasonable value of household services that the decedent would have provided.

With regards to noneconomic damages could also be sought. This could include the loss of the decedents love, companionship, comfort, care and support, the loss of the enjoyment of sexual relations, if applicable, and the loss of the decedent’s training and guidance.

Future economic damages

If one is seeking future economic damages, those would be calculated based on the present cash value of them versus the projected future value. With regards to the noneconomic damages awarded, their value will be based on the market value at the time of judgment.

It is important to note that when determining one’s loss, certain factors should not be considered. This includes their grief, sorrow or mental anguish, the pain and suffering of the decedent or the poverty or wealth of the individual seeking damages.

Finally, when assessing the damages based on the life expectancy of the decedent, certain factors may be considered. This includes the average life expectancy of a person of that age and a person’s life expectancy of the person’s health, habits, activities, lifestyle and occupation. Finally, one’s gender and where they live could also play a role in this calculation.

While there is no way to bring back a person lost, there is a way to offset the damages suffered by a surviving loved one. While this process may not be easy and could evoke many emotions, it is important that one considers a wrongful death claim and how this action could be beneficial in the short and long-term.