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Determine what damage types apply to a wrongful death case

On Behalf of | Sep 26, 2018 | Wrongful Death |

Many factors are included when you are trying to determine what a wrongful death case is worth. What makes these so difficult is that there is sometimes inadequate proof of the losses that you suffer because of the death of your loved one.

In some cases, it is a bit easier to determine what the actual damages are. This is the case when the person who was killed was working and provided a regular income for their family members. In this case, one of the economic damages would be the loss of income. Several other economic damages might also be present. On top of the loss of earnings, the loss of earning capacity and the lack of retirement income might also be considered.

Sometimes, noneconomic damages might come into the picture. These are based on what the living plaintiffs are experiencing. They can’t try to recover money for what their loved one went through for pain and suffering or for the sorrow they feel now. Instead, they need to focus on the loss of these factors, as well as others that might be applicable according to state laws:

  • Moral support
  • Affection
  • Comfort
  • Companionship
  • Love
  • Protection
  • Solace
  • Advice
  • Training

It is imperative that anyone who is considering filing a wrongful death lawsuit review the factors in the case to help them determine who to name as the defendants. Some people don’t realize that there can be more than one in these cases. For example, a fatal semitruck crash might lead to the trucker, insurance company and trucking company being named as defendants since they all might hold some bit of liability in the matter.



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