In this blog, we often discuss personal injury claims. In most such cases, the injured person files a lawsuit to recover compensation for the damages that they suffered as a result of another party’s negligence. In the case of a fatal accident, family members of the victim can seek to recover compensation for their damages through a wrongful death claim. This type of lawsuit is similar to a personal injury lawsuit, but there are some key differences.
Who can file a wrongful death claim?
In a personal injury lawsuit, the plaintiff (the person who files the claim) is the injured party. In a wrongful death lawsuit, the plaintiffs are typically surviving family members of the deceased. These might include the victim’s spouse or children. In some cases, they can include a domestic partner or a minor who was financially dependent on the deceased.
What damages are available?
The other big difference involves the damages available.
The basic idea behind most personal injury and wrongful death lawsuits is to restore the plaintiff to the position they would be in had it not been for the injury. Of course, a lawsuit can’t mend broken bones or other injuries, but it can financially compensate the injured for what they have lost.
With this in mind, when an injured person files a lawsuit, the damages they seek to recover might include medical bills, rehabilitation costs, the wages they lost while they were recovering and other economic damages. They can also include noneconomic damages such as pain and suffering. In cases involving serious injury, they might seek compensation not just for what they have already lost, but also what they will lose in the future. For instance, if a serious injury means the victim can no longer earn a living, they should be compensated for the income they will lose over the remaining years they expected to have a career.
In a wrongful death lawsuit, the damages can include:
- Medical expenses of the deceased before their death
- Funeral expenses
- The loss of income the deceased would have earned over the rest of their working life, had it not been for the accident
- Loss of companionship
Sensitive issues
Many people feel uncomfortable with the idea of these damages. No one likes the idea of calculating how much their loved one would have earned, or putting a price tag on the loss of their loved one’s affection.
Nonetheless, these losses are very real. The sudden loss of a family member can leave their spouse and children in a financial crisis from which they may never fully recover. No lawsuit can heal the painful emotions that come with losing a loved one, but a wrongful death suit can help survivors to cope with their financial catastrophe.