The value of a claim for wrongful death will depend on the types of damages that can be recovered. Compensation largely depends on the losses that beneficiaries experienced as a result of the loved one’s death. Some types of compensation are reserved for certain beneficiaries. Family members should talk with a West Palm Beach personal injury lawyer who handles these types of cases for a clear picture of how their losses will affect the value of a claim.
Types of Damages That May Be Recovered in a Wrongful Death Claim
If there is a loss of support and services, compensation for these damages may be factored into the value of a claim. Support generally includes financial support, such as through the deceased’s income. It’s usually effective from the date of the injury/death and may extend into the future.
For instance, minor children who depended on a parent financially could be entitled to lost support from the date of death until they turn 18. This is just one of many factors that are taken into consideration when determining how much into the future this type of compensation is available.
Lost services typically apply to activities that may now require hired help. Let’s say a stay-at-home mother lost her life. A claim might address the cost of hiring someone to take care of the children or if a housekeeper needs to be hired in order to take care of the home.
Loss of companionship and protection damages pertain to the impact a wrongful death has on a spouse. Children who are without the benefit of a parent also could be entitled to damages that address the loss of guidance, training and nurturing.
Mental pain and suffering damages could be available, too. These provide compensation for the emotional trauma experienced for the loss of a loved one.
Other damages are a bit easier to calculate. The medical bills created from the deceased’s injuries may be recovered in a claim, as well as reasonable funeral expenses. The decedent’s estate may collect damages for medical bills, or a survivor may recover them if he/she has paid these expenses.
While economic damages like medical bills incurred because of an accident have a definitive price tag, non-economic damages like mental pain and suffering may be more difficult to quantify. A consultation with a West Palm Beach personal injury lawyer is important to estimate the value of a claim based on specific case details.
Elements of a Wrongful Death Claim
Of course, to receive any type of compensation, there are certain elements that must be in place to file a wrongful death claim. The first is that someone owed the deceased a duty of care. For instance, another motorist should have acted with care when operating his or her vehicle.
The second element is that the duty of care owed was breached by an act of negligence. An example would be another motorist who is speeding and goes through a red light.
A third element is that an act of negligence must be connected to the injury or death. So if a family member was killed in a head-on collision from another driver who ran a red light while speeding, there would be a connection.
Finally, damages must have been suffered. This is where family members establish the financial, physical and emotional losses to determine the value of the claim. For help establishing all of these elements, family members of accident victims can consult a West Palm Beach personal injury lawyer.
Seeking Help from a West Palm Beach Personal Injury Lawyer
Not all of these damages will be available in a claim. By seeking legal counsel, surviving family members can gain a better understanding of which damages they might be entitled to recover and in what amounts.
There can be a lot of complicated issues associated with a wrongful death claim. Families in South Florida should consult a West Palm Beach personal injury lawyer at 24/7 Injury Law. An attorney not only can help determine if a claim may be warranted, but also can go over possible damages in the claim and help estimate the value of the claim.