4 Common Types of Wrongful Death Damages
If someone you love has been the victim of a wrongful death case, we know the aftermath can be extremely hard for the friends and family of the deceased. While you’re mourning the loss of your loved one, you also have to unfortunately deal with the lawsuit that follows and collect the damages from the case. If you’re still a little confused about the types of damages you should be seeking, we can help. Here are 4 common types of wrongful death damages:
1. Punitive Damages
Also known as exemplary damages, these damages are often only awarded in special cases as a way of punishing the defendant for their behavior and conduct. While the technical purpose of these damages is not to compensate the plaintiff, you will receive all or some of the damages award. You see these damages frequently in tort law, especially if the defendant’s conduct was extremely harmful. By punishing the defendant in this manner, it is hoped they will be reformed and others will be deterred from similar actions. Under Tennessee law, these damages are only awarded when the plaintiff provides clear and convincing evidence the defendant acted maliciously and with intention.
2. Economic Damages
Economic damages are the most common type of damage. These include any type of quantifiable or measurable loss the loved ones of the victims suffer after the wrongful death. These damages may include but are not limited to, medical and funeral expenses, loss of future earnings, benefits or inheritance, and the value of services the victim would’ve provided before their death. The amounts of these damages can vary depending on factors associated with the victim, including their age, health and financial status.
3. Non-Economic Damages
These wrongful death damages are normally the hardest to calculate in a case since they have to do with intangible losses, unlike economic damages where it is easy to assign a value. The long-lasting effects of a loved ones untimely death are what these damages are based on. These effects can include mental anguish and suffering, loss of care or nurturing from the deceased, lack of companionship or love and a spouse’s loss of consortium. We know it can be hard to deal with the reality of the day-to-day without your loved one, so if you’re looking to receive non-economic damages, call our wrongful death lawyers who are trained to help you in these unfortunate times.
4. Survival Action Damages
Survival action damages can be pursued by either the kin or estate of the deceased on behalf of the victim. These cases are typical when the plaintiff feels as if the deceased could’ve filed for a personal injury claim if they had survived. This action allows the family to file compensation for what the victim would’ve potentially earned from the case.
Now that you know a little more about common types of wrongful death damages and when you should file, you can begin deciding which case you want to pursue. Do you have any more questions or concerns about these types of damages? Contact our lawyers today and let us assist you in your case.