There are different categories of wrongful death damages or compensation that may be available to the family members of the person who was killed due to either the intentional or negligent actions of another party. Here is some information on the types of compensation you may be able to pursue through legal action.
Wrongful Death Damages – Types of Compensation Available
One category of wrongful death damages covers the time between the negligent act that caused the death, and the death itself. For example, it will cover the time between a trucking accident and the death of the victim. During this time, many kinds of damages can accumulate, such as medical bills, the victim’s pain and suffering, lost wages and more.
The other main category of wrongful death damages addresses the losses suffered by the victim’s loved ones. These can include emotional suffering, loss of consortium, burial and funeral expenses and other losses.
Who Can Obtain Wrongful Death Damages?
In most cases, the court will examine many different factors when determining who can take legal action after the loss of a loved one. Damages are typically awarded to the spouse and children first, covering the area such as lost companionship, emotional trauma, loss of love and support, and more. If there is no living spouse or child, then the parents of the victim may be able to obtain compensation.
The court can, under certain circumstances, also award punitive wrongful death damages. These are awarded when the court finds that the defendant (or defendants) engaged in particularly egregious or reckless behavior, causing the accident that led to the death. These damages are meant to be a punishment and to deter similar behavior at a later date.