How Are Wrongful Death Damages Calculated
Losing a loved one can be painful and in case you are thinking about filing claims for wrongful death because of another person’s careless or negligent act, you need to consider the financial impact of the losses incurred.
Generally, there are 3 categories of damages you can file a claim for with regards to wrongful death, and these are:
- Punitive damages
- Intangible, or non-economiclosses
- Tangible out of pocket, or economic losses
With Punitive Damages, this has to do with damages that are not commonly granted in personal injury cases. This can however be awarded if it can be proven that the offender acted callously – disregarding the safety of other persons. Such damages are intended to punish the offender and also to pass a warning to others that may be disposed to act in same way.
Considering Economic Losses, these are losses that are comparatively easy to identify by specific dollar amount. Such comprise:
- Earnings and wages or any financial support that the deceased would have provided you during their moments of being alive
- Pensions or medical insurance benefits that the deceased would have been entitled to or provided
- Reduced inheritance benefits as a result of wrongful death
- Costs associated with funeral outlays or medical care
- Loss of services and benefits that the deceased would have provided
With Non-Economic Losses, you can expect claims for compensation for less tangible losses like:
- Loss of association or company with a spouse
- Loss of love derived or expected from a family member
- Loss of security or protection, care, guidance, nurturing, or advice
- Claims of any emotive or mental discomfort or pains experienced as a result of the death of a loved one
Calculating the exact amount of wrongful death damages in a lawsuit can be challenging and would best require the expertise of a professional Florida attorney or financial experts.
To place monetary value on a life as a result of wrongful death; you can consider the following factors which can help reach an amount:
- The deceased age bracket
- The earning capacity of the deceased
- Condition of health of the deceased
- Income of the deceased at the time of death
- The dependents age and state of affairs
- Education and training of the deceased
- Bills such as medical or funeral outlays incurred for the deceased
- Among other factors
Wrongful death claims and settlements are generally paid and settled by insurance providers qualified to provide such coverage for the person for whom the death is being attributed.
How Can a Florida Personal Injury Lawyer Help?
A qualified and highly experienced wrongful death lawyer can help review your condition & determine the exact kinds of damages and amount that can be expected. Such attorney will also be able to help negotiate settlement offers on your behalf. In conclusion, know that your chances of recovering damages will be much higher if you have an experienced attorney to represent you in such scenario.
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