What Damages Can Survivors Recover in Wrongful Death Lawsuits?

Losing someone you care about due to the negligence of another person or organization can be devastating. A deadly injury like this might happen in a variety of settings, including a vehicle or truck collision or an on-the-job injury. You and your loved ones may be eligible to submit a wrongful death claim in such cases. Survivors of wrongful death may be able to seek compensation through the court system.

Every state has wrongful death statutes that make it possible for family members or legal heirs to sue the person or entity responsible for a loved one’s death. It is crucial to be aware of the types of damages that may be compensated in such instances, as well as those that are often not. In the event of a successful wrongful death litigation, the amount of compensation that can be awarded to surviving family members, friends, and coworkers is often determined by state law.

In This Article:

• What Is a Wrongful Death Claim?
• Who Can Bring a Suit for Wrongful Death?
• What Damages Can I Recover If I Sue Someone for Wrongful Death?
• Who Can Seek Compensation in a Wrongful Death Case?
• Do Wrongful Death Lawsuits Have a Statute of Limitations?
• How Much Is a Wrongful Death Lawsuit?
• You may apply for a lawsuit loan while your case is still pending.

To apply for free, call (877) 735-0016

What Is a Wrongful Death Claim?

A “wrongful death” claim is a legal action filed when one person dies as a result of another person’s negligent or reckless conduct. Who can pursue a wrongful death case and what damages can be claimed are governed by each state’s statutes.

Who Can Bring a Suit for Wrongful Death?

The action is initiated by the personal representative of the estate, who is often the closest surviving family. Most of the time, a deceased person’s family will agree between themselves on who will serve as the personal representative of their estate. However, if there is no will or if the family cannot agree, the court will have to make the decision.

What Damages Can I Recover If I Sue Someone for Wrongful Death?

Compensation for a very wide array of losses is generally achievable in a wrongful death lawsuit, though this might vary from state to state and sometimes overlap with a similar “survival” lawsuit after a loved one’s demise). Let’s explore the options.

Non-Economic Damages

Non-economic damages include pain and suffering endured by the decedent from the onset of the wrongdoing until they passed away and loss of emotional support endured by a spouse or close family members who have been stripped of the deceased’s affection, companionship, and support.

However, it’s important to remember that certain jurisdictions, like Florida and Illinois, do enable some family members to get compensation for their own mental anguish and suffering or bereavement following the loss of a loved one.

Financial/Economic Damages

Losses that can be quantified include medical bills from the incident that led to the death, lost financial support from the decedent and the decedent’s heirs’ lost inheritance, and burial fees. 

Punitive Damages

In most jurisdictions, punitive damages can be awarded in a wrongful death claim if it can be proven that the defendant acted willfully or carelessly in causing the victim’s death. The perpetrator is punished by awarding punitive damages to the plaintiff (the person initiating the claim).

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Who Can Seek Compensation in a Wrongful Death Case?

A court will look at the provisions of the state’s wrongful death statutes and could be required to interpret those statutes as part of a study of the deceased’s connections with the various surviving family members, to determine the sorts of damages that may be awarded in a wrongful death action. However, in most cases, compensation for wrongful death can be given to:

Surviving Spouses: Surviving spouses have a right to compensation for the emotional anguish and financial hardships caused by the loss of their loved one’s company.

Children – Younger children (but not generally older ones) may be compensated for the emotional and financial harm caused by a parent’s death by being awarded damages for the loss of the advantages they derived from the parent-child connection.

The Parents: Parents of a deceased minor child (but typically not the parents of an adult child) are entitled to compensation for their mental distress and loss of consortium, as well as for any lost financial assistance the child may have provided.

Do Wrongful Death Lawsuits Have a Statute of Limitations?

Yes. Each state has its statute of limitations that governs how long after a person’s death a lawsuit can be brought. The statute of limitations for wrongful death claims is typically two years from the date of the deceased person’s death, although this may vary depending on the laws in your state.

How Much Is a Wrongful Death Lawsuit?

There is no comprehensive data available on the typical compensation awarded in wrongful death lawsuits. A wrongful death settlement is determined by several specifics related to the individual case, such as the deceased’s age, financial status, life expectancy, and other variables), their relationship to the deceased, and the requirements of the state’s wrongful death law.

You May Apply For a Lawsuit Loan While Your Case Is Still Pending

Pursuing compensation for wrongful death can be challenging. Getting involved in a court dispute can drain resources and consume a lot of time. Sometimes the process might drag on for so long that spending to keep pursuing the lawsuit may eventually result in greater losses than the damages you’re seeking. 

However, this may be quite discouraging for people who don’t have the money to pay for a claim out of their pocket. They may have to settle for far less than they are owed simply because they cannot afford to continue the lawsuit. If you’re worried about meeting your day-to-day financial obligations like rent, utilities, and vehicle payments as well as medical expenditures, a lawsuit loan can be a lifesaver.

Do You Need Affordable Pre Settlement Funding for Wrongful Death Lawsuits? Call Us Today!

High Rise Financial offers risk-free and non-recourse lawsuit loans to plaintiffs who have pending wrongful death claims or lawsuits. Contact us today at (866)-407-6404 to schedule a one-on-one consultation. Our dedicated team will be happy to meet with you and discuss your legal funding options.

Call or text (877) 735-0016 or fill out our form to apply today for free.