Law BNI – Wrongful Death Case
A Wrongful Death Case is a suit that arises from the death of an individual that was caused by the negligence or conduct of another person. A lawsuit in result of this is different from, say, a type of personal injury because the victim is not bringing the suit themselves due to being deceased. The family members or their estate would be bringing about the suit.
A Wrongful Death Case is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim which don’t normally include damages that are personal to the deceased, since they’re not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to them.
Some losses are measurable such as a widow in a wrongful death suit could seek to recover the financial support that she would have received had her spouse lived. Other damages are more general in nature. Types of recoverable damages include:
Economic loses like medical bills and funeral costs.
Loss of benefits – what the person could have received in pension/retirement benefits had they lived.
Loss of net accumulations of the estate
Loss of Companionship
Pain & Suffering of the survivors
Punitive Damages – what amount the defendant should be punished for his or her action resulting in the victim’s death
Calculating the damages is a process involving multiple factors. For example, in Florida, certain factors will be taken into consideration when it comes to calculating wrongful death damages including how dependent the plaintiff was on the deceased, the nature of the relationship with the deceased, the anticipated lifespan of the deceased, the anticipated lifespan of the survivor, and the anticipated earnings and other benefits of the deceased.
Often, determining the appropriate amount of damages for a particular element can be difficult. For example, when addressing damages for loss of companionship, a jury must attempt to put a price tag on the emotional loss you suffered from the deceased’s death.
Of course, another important element in calculating Wrongful Death Case damages is in estimating expected or future income losses. Future losses are the amount of earnings and benefits the deceased would have earned if he or she lived.
Brotman Nusbaum Ibrahim & Adelman is a trusted and dedicated law firm that will do its due diligence to make sure you or your loved ones get compensation for a Wrongful Death Case. Please call 561-417-5656 for a free consultation today.
We offer a free case evaluation as well. If you or someone you know is injured and/or lost property in an accident, call us today so we can schedule this evaluation. this gives us the chance to learn about your case, and begin a plan of action. Don’t hesitate, call today. 561-417-5656.