Damages Recoverable From Wrongful Death Lawsuit

The awards or damages go to a representative from the family that has lost a loved one. That same representative should have an awareness of the family’s economic and non-economic needs. Compelled by such an awareness, that representative of the family has brought a lawsuit to the court.

Economic damages

• The medical expenses that accumulated while the decedent was still alive, and was being treated for his or her injuries.
• The funeral expenses and the burial expenses.
• Out-of-pocket expenses, such as the cost of grief counseling.
• Reimbursement for lost household services. The cost of finding a replacement for such services.
• Reimbursement for other lost services, such as the loss of someone to mow the lawn, or to help with childcare.
• Loss of financial support. If the decedent was the main earner of income for the family, then an economic expert ought to be consulted. That expert should be able to calculate how much money the decedent could have earned, if he or she had not suffered such an untimely death.
• The loss of a prospective inheritance

Non-economic damages

Pain and suffering experienced by the grief-stricken family. A member of the family might care to initiate a survival action. Injury Lawyer in Vaughan knows that such a claim focuses on the decedent’s pain and suffering before passing from this world. It could help to have a medical expert share information on the degree to which the decedent remained conscious of his or her pain and discomfort.

The size of the damage award

It includes the interest that has accumulated since the date of the decedent’s passing. That covers all the time that has passed, during the filing of the lawsuit and the holding of any trial.

Who receives the money for damages?

It goes to the family member that brought the lawsuit. Typically, that same family member shares the awarded money with others deserving relatives. The law in the area where the case gets decided determines which relatives qualify for receipt of any part of the money for damages.

Generally, only the current spouse can receive a portion of that money. No former spouse has legal claim to what has been awarded for damages. By the same token, no step-son or step-daughter would have a right to claim a portion of the damage award. Yet an adopted son or daughter would have that right.

That does not mean that it would be illegal for the family representative to speak with the others about sharing a part of the money with someone that was not a relative, but did have ties to those that had lost a loved one. They are free to share that money, if it is done voluntarily, and not in response to legal forces.

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