What are the Damages Available In a Wrongful Death Case?

For anyone who has lost a loved one as a result of negligence and is legally eligible to take legal action against the responsible party, it’s important to know what damages may be available. Many families rely on these damages after the loss as a means to moving forward without financial concerns.

The damages are dependent on numerous factors and the amount awarded to the family may vary. These are typically divided according to who is being compensated, whether it be the estate or the surviving family for personal losses.

The damages that may be available include the following:

Financial Losses Associated with the Death

When someone is fatally injured due to the negligence of another, the family may experience a significant amount of financial losses. For instance, they may have hospital bills from the time of the injury until the time of the death, as well as funeral costs and lost earnings.

Typically, lost income will be awarded for the period of time that the decedent was unable to work until normal retirement age. Lost potential earnings may also be considered based on the amount the deceased individual would have earned had they lived, their income, and age at the date of death.

Personal Losses Suffered By the Surviving Family

In many situations involving wrongful death, surviving family members may be awarded compensation for some of the personal losses they have experienced. For instance, there may be compensation for the value of household services the decedent once provided.

Some of the other potential losses that may be considered can also include loss of financial support, loss of love, loss of attention, loss of affection or companionship, and more. These losses are often considered similar to pain and suffering.

Our San Jose wrongful death lawyers truly understand how difficult this can be for individuals to endure. As such, we work hard to help families navigate the complex legal matters and seek the compensation they deserve when negligence takes their loved one.

At Caputo & Van Der Walde, we are deeply dedicated to those who need us at such a difficult time. We’ll work hard to put your best interests forward and guide you throughout the process so you know what to expect every step of the way.