The potential damages in wrongful death cases can vary significantly from one case to another. These lawsuits could result in a wide range of compensation, making the total amount of potential damages difficult to estimate.
Wrongful death cases could result in compensation based on the suffering of the grieving family. This could include things like their mental anguish and the loss of the victim’s companionship.
These cases could also cover the economic damages like funeral expenses and burial costs. Attorneys from our firm could advise you on what to expect during this process and prove wrongful death in your case.
Compensation for Wrongful Death Lawsuits
Economic and non-economic damages are available in an Indiana wrongful death lawsuit. Each type of compensation could play a part in a wrongful death lawsuit.
Economic damages are designed to help the family recoup the monetary expenses related to the passing of their loved one. This often begins with the cost of funerals, burial, and cremation.
Other economic losses could result in monetary damages in these cases as well. The decedent’s child could seek compensation for lost inheritance, while the surviving family could pursue damages for the loss of anticipated income. In addition to direct income, these cases could also involve the loss of medical insurance, pension plans, or other benefits tied to their loved one.
These damages are for the subjective, hard to measure losses that can come with an unexpected passing of a loved one. This form of compensation is largely related to the emotional impact that the surviving family members face after the unexpected passing of their close family member. These damages could provide for the mental anguish experienced by surviving relatives or the loss of consortium for the surviving spouse.
Many of the non-economic damages in wrongful death cases involve what the surviving family will miss out on in the future due to the loss of their loved one. The loss of the decedent’s guidance, nurturing, advice, and care are all possible losses. The loss of their companionship and love are other examples.
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Understanding Damages for Survival Actions
Indiana law is different from many other states in that it recognizes a second cause of action related to a person’s untimely death. These are known as survival actions. The compensation available in these cases is related to an untimely death.
Survival actions are often included with wrongful death lawsuits in other jurisdictions. Given the similarities to wrongful death compensation, it is helpful to understand what could be available through a survival action.
Where this compensation differs from the damages available in a wrongful death lawsuit is that it relates to the specific losses of the decedent shortly before their passing. This type of compensation could have been available through a personal injury lawsuit had that person survived their injuries.
Pain and Suffering
Unlike a wrongful death action, a survival action could result in monetary damages based on the pain and suffering the decedent experienced prior to their passing. These damages are similar to the pain and suffering compensation that can come with a personal injury lawsuit.
Some wrongful death cases stem from accidents where the property of the decedent was damaged. This is most common in car, truck, or motorcycle accidents. This type of lawsuit could recover the cost of that property damage.
There can be medical expenses related to a negligence case that results in the death of another person. The extent of these expenses will depend on the period between the fatal injury and the end of their life. If you had to care for your loved one (and take time off work to do so) before their passing, you could recover your lost wages as well.
There could also be lost wages compensation in these cases. This form of compensation includes any wages the decedent missed between the date of their accident and the time of their passing.
Speak to an Attorney About Your Wrongful Death Case
Are you still curious about the possible damages in a wrongful death case? A free consultation with our representatives could provide you with answers regarding what you might expect from your case. For many people, the thought of dealing with a legal matter while they are grieving is too much. Our team could handle your case while you spend time with loved ones.
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Sevenish Law Firm, P.C. understands the hardship of losing a beloved family member. Our compassionate team is prepared to answer your questions and help you seek justice through a civil lawsuit.