Compensation for a wrongful death claim
As a family member you may be entitled to compensation. The following list may vary by state and damages may be limited by state statutes. Additionally, certain losses may be harder to prove that others.
- All expenses related to death
- Future earnings until retirement or death
- Future pension and medical coverage lost due to death
- Pain and suffering of surviving family members
- Any cost associated with loss or care and companionship
- Punitive damages
The damages awarded will be determined based on the status of the deceased at the time of death. Relevant characteristics might include age, earning capacity, life expectancy and intelligence. If an adult with several dependants dies there will be a loss of income as well as parental responsibilities. A jury will hear all of the evidence and determine the compensation awarded. A court could set aside the jury's award and order a new trial if the court determines that the evidence does not justify the amount awarded.
Certain states may allow additional compensation in the form of punitive damages. These damages may be allowed in violent crimes to deter similar future behavior. Many states, however, do not allow punitive damages. If the state does not have a specific statute addressing punitive damages the courts have generally held that punitive damages are allowed.
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