How Are Wrongful Death Damages Calculated?
When a loved one’s life is tragically cut short due to someone else’s negligence or wrongful act, no amount of monetary compensation can ever make the surviving family whole again.
However, the civil justice system attempts to provide a measure of accountability and financial relief through wrongful death claims. Calculating appropriate wrongful death damages in these cases is a complex and nuanced process.
Wrongful death attorneys in Lake Charles gather evidence like medical bills, pay stubs, and review previously resolved cases to carefully assess a wide range of factors to determine a fair and comprehensive sum that accounts for all current and future losses.
Primary Components of Wrongful Death Damages
Our Lake Charles personal injury lawyers are careful to account for the entirety of your losses to ensure we pursue the maximum amount possible on your behalf. While specific laws and standards vary from state to state, most wrongful death damage awards or settlements comprise two overarching categories:
Economic Damages
These quantifiable losses aim to compensate the deceased’s estate and surviving family members for tangible financial hardships, both past and projected. Common economic damages include:
- Medical Expenses: Any healthcare costs related to the fatal injury or illness, such as emergency treatment, hospitalization, surgery, medication, and more.
- Funeral and Burial Costs: All reasonable expenses associated with memorial services, cremation or burial, obituary notices, etc.
- Lost Income and Benefits: The deceased’s projected future earnings, pension contributions, and employment benefits over their anticipated working life expectancy.
- Loss of Inheritance: Finances or assets the deceased would have reasonably left to surviving family members or beneficiaries.
- Household Services: The value of routine duties and chores the deceased would have continued providing, like childcare, home maintenance, cleaning, etc.
Non-Economic Damages
While more subjective in nature, these damages quantify immense intangible losses that profoundly impact survivors’ lives, such as:
- Loss of Companionship: The deprivation of love, companionship, comfort, guidance, intimacy, protection, and other invaluable benefits a spouse or partner provided.
- Loss of Society: Similar to loss of consortium, but accounting for cherished relationships between the deceased and their children or other close loved ones.
- Mental Anguish: The psychological trauma, grief, sorrow, and emotional turmoil surviving family members experience from this devastating loss.
Comprehensive Damages Calculations
Ensuring an accurate and complete calculation of wrongful death damages requires a thorough investigation and evaluation by seasoned legal professionals. This typically involves:
Consulting Experts
- Medical experts assess past and future healthcare costs, as well as conscious pain and suffering
- Economic specialists project lost income, benefits, inheritance, household services value
- Mental health professionals evaluate trauma, anguish, loss of consortium impacts
Gathering Substantiating Evidence
- Employment records, tax returns verifying income
- Witness statements detailing deceased’s role in household, relationships with family
- Documentation of medical treatments, hospitalizations, funeral/burial costs
- Assessments of life expectancy, working life statistics based on age, health, occupation
Reviewing Similar Claims
Our attorneys analyze jury verdicts in comparable wrongful death cases as benchmarks for valuing damages, especially regarding non-economic losses which lack precise formulas.
Considering Aggravating Factors
In certain egregious cases involving gross negligence, malicious intent, or willful misconduct that demonstrates a blatant disregard for human life, punitive damages may also be awarded to punish the defendant and deter similar conduct.
Factoring in Unique Circumstances
While the main categories of economic and non-economic damages provide a framework, each wrongful death case has unique nuances that skilled attorneys must carefully account for, including:
- Relationship to the Deceased: The closeness of the relationship affects damages like loss of consortium, guidance, etc. For example, a spouse would receive higher compensation for these than a more distant family member.
- Age and Life Expectancy: Younger decedents with longer anticipated life and earning expectancies warrant higher projected income loss calculations than older individuals.
- Number of Surviving Dependents: If the deceased provided financial support to multiple family members like children and parents, those combined future income needs get factored in.
- Deceased’s Projected Earning Potential: Past earnings are just the start – future raises, promotions, skill development, etc. all get analyzed to estimate full lifetime income and benefits.
Calculating Your Rightful Recovery
While monetary awards can never replace a lost loved one, a meticulous calculation of wrongful death damages is crucial for:
- Achieving a full and fair recovery for all cumulative losses
- Obtaining accountability and justice from the negligent party
- Ensuring financial stability and security for your family’s future
- Receiving appropriate compensation for profound emotional trauma
Contact Us to Learn More About How Wrongful Death Damages Are Calculated in Your Claim
With nearly six decades of combined experience, the compassionate legal team at Laborde Earles Injury Lawyers is exceptionally skilled at navigating the intricate process of evaluating wrongful death damages.
Our Lake Charles wrongful death attorneys understand the stakes involved and work tirelessly to ensure you collect the compensatory damages you are due. Though no amount can undo your immense grief, we fight to secure the maximum compensation available to help your family rebuild.
When tragedy strikes, turn to legal advocates with the experience to demand justice and the empathy to fully support you through unimaginable loss. Contact us for a free consultation today.
