The loss of a loved one can be an extremely traumatic experience, especially in the case of a wrongful death. These lawsuits have many potential damages that can be available to the family or the estate of the person who has died. This is much different than a situation where someone has been injured and is temporarily unable to work or provide for their family, even for a few months. Wrongful death claims involve a person permanently missing from their family on account of negligence or recklessness.
The Two Main Categories of Damages
There are two main aspects to damages that are typically available. These are commonly known as Compensatory or Economic Damages (these are the actual, measurable damages) and Punitive or Non-Economic Damages (these are exemplary damages meant to reimburse the victim’s family).
Economic Damages: The Financial Consequences of Wrongful Death
For example, if an individual is killed and this person has a spouse and three children, you can reasonably assume they work and bring income into the household. Let’s estimate this person is around 45 years old and anticipates working another 20 to 25 years. A significant component of the available damages would be the future wage loss.
You have to calculate how much this person would have earned if they had not been killed because of the unreasonable actions of another party. Those economic damages could be very significant depending on the wage history of the person who’s been killed.
Key Takeaway: Economic projections must account for both the present value and future earnings of the individual lost due to wrongful death. Keep in mind that a discounted rate will be applied in order to make sure the family receives fair reparation without being overcompensated. Calculating damages and money paid today versus potential money earned is an intricate task that requires a deep understanding of what constitutes a wrongful death lawsuit.
Non-Economic Damages: The Emotional Impact of Wrongful Death
In maintaining our example, the person lost was a parent, a spouse, a friend and loved one. The consequences of this wrongful death are different from those measured by loss of financial support.
That evidence and loss are what is presented by the family; their children will talk about what their parent used to do with them, from throwing the football around to teaching them how to balance a checkbook. The surviving spouse will speak as well, explaining the depth of their relationship and how deep of a hole this loss has created in their life and family. This is something that needs to be determined not just for their current state of life, but for the remainder of their lives.
Note: Your attorney is going to be accompanying you through an extremely tragic event; keep this in mind when selecting a wrongful death attorney . Selecting the right one will help ensure your plans for the case are carried out, and you feel supported during the process.
The court will recognize these emotional damages encompass the loss of:
- Love and affection
- Comfort and companionship
- Guidance and support
These are the foundation of personal relationships and are losses that no monetary value can truly compensate for, but that the law acknowledges through financial awards.
Economic damages can be calculated from pay stubs and employment projections; however, emotional damages require a jury to evaluate the quality of relationships with the departed’s surviving family members, and how deeply that loss will be felt.
Despite the jury recognizing non-economic damages, they are significantly harder to compute and these are often the types of damages that a jury really wrestles with.
These are also frequently seen as a more significant component than the numerical loss from the future wage loss. Due to the nature of wrongful death claims being the result of negligence or unreasonable conduct of another person, these cases can often bring large verdicts.
How Juries Determine Final Compensation in Wrongful Death Lawsuits
The compensation volume made available to the surviving family would be determined through either a settlement or a jury verdict. Restitution is based on the age of the person who passed away, what they were earning, the family dynamic, and ultimately the impact on this person’s family in the future.
The jury is not the only deciding factor though; these elements are taken into account by insurance companies and attorneys who represent plaintiffs.
Settlements for Wrongful Death Lawsuits
For a settlement of a wrongful death lawsuit, the goal is to confidently understand and evaluate damages then come to a reasonable settlement on a wrongful death claim. Settlements are designed to resolve legal disputes voluntarily and without the requirements of a trial. Settlements are often quicker and can be resolved in a matter of weeks as opposed to months, but are seen as a compromise and can result in lower compensation.
Trials for Wrongful Death Lawsuits
When a wrongful death case is tried, the jury will work to conclude the value of the wrongful death claim and the effects on the family. The timeline for a trial is often longer than a settlement, but can also result in significantly higher compensation.
Contact Us
If your family is considering a wrongful death claim in southern Indiana, contact Stephenson Rife today to schedule a consultation and learn how we can help.