Did you know that in 2024, wrongful death cases in the US continue to be a significant issue, with statistics showing a high number of deaths due to various causes, including medical malpractice, workplace accidents, and unintentional injuries?
A Johns Hopkins study claims that over 250,000 die in the United States every year due to medical errors. When dealing with the loss of a loved one due to another person's actions, it is important to know what benefits can be recovered as a result of a wrongful death claim.
According to wrongful death lawyer Christopher Canlas, the family or beneficiaries of the victim are entitled to be compensated for medical expenses, funeral-related costs, and lost wages.
Aside from the damages, emotions play an important role and can significantly affect the claim.
This article will provide an overview of the various types of damages that can be sought in a wrongful death lawsuit.
Medical Expenses Related to the Deceased
Families of wrongful death victims frequently face significant medical expenses incurred while the victim was being treated for their injuries.
Medical expenses include hospitalization, emergency room visits, surgeries, and ongoing treatments that the deceased received prior to passing. Families will also be left to deal with expensive medications and therapy.
Keep relevant documents such as invoices, receipts, etc. These records can serve as evidence when seeking reimbursement for medical expenses in a wrongful death claim.
Funeral and Burial Costs
Funeral and burial costs are some of the most common expenses associated with the death of a loved one.
These expenses are frequently overlooked but can result in significant costs. Funeral and burial costs usually involve fees for services, casket, plot, and the headstone. The cost may include transportation, flowers, or thumbprints and any form of memorial service, which can contribute to an increase in overall expenses. Obituary notices, catering for gatherings, and other personalized tributes may incur additional expenses.
Lake Charles wrongful death law firm, COX Law Firm, advises gathering all the receipts associated with these expenses to serve as substantial proof for a wrongful death claim.
In most cases, it is possible to recover those funds from the at-fault party and alleviate your financial burden.
Loss of Income and Financial Support
The deaths of family members can lead to a significant decrease in family incomes, ending respective financial supports. The loss becomes more painful when the person who died was a breadwinner.
If the deceased contributed to household or education expenses, their death can create significant financial strain.
In any case of wrongful death, compensation can be sought and awarded for the potential income that the deceased would have earned if his life had not been cut short. This includes the deceased's salaries, benefits, and potential earnings.
You will need to provide evidence of your lost economic contribution, such as pay stubs, tax returns, and possibly a statement from a vocational economist.
Calculating the loss is a difficult and complex process, but it is critical in determining financial stability in the aftermath of a wrongful death.
Loss of Companionship and Emotional Suffering
The death of a loved one can cause massive emotional suffering and loneliness for family members.
Depression, anxiety, and extreme feelings of isolation may result from a wrongful death situation.
Wrongful death claims allow families of the deceased to seek damages for disrupting familial relationships that can result in severe emotional damages. You can strengthen your case by showing how the incident significantly impacted your life and disrupted your daily routine.
Punitive Damages and Their Purpose
Unlike compensatory damages, which aim to restore losses sustained due to wrongful death, punitive damages primarily serve to punish the accused and deter further offenses.
These types of damages are not meant to compensate for the losses but rather to hold the accused responsible for actions that have demonstrated gross recklessness or malice.
If you are seeking a wrongful death lawsuit, you must know that punitive damages can be provided only against severe misconduct by the defendant. Punitive damages can significantly increase the maximum amount available for a claim.
You must present strong evidence to show that the defendant intended harm or was extremely negligent, resulting in serious injury.