Losing a loved one due to another person’s negligence can be life-altering, tragic, and overwhelming. Filing a wrongful death claim with the help of a San Antonio wrongful death lawyer can provide the surviving family members with an opportunity to seek compensation for their losses and help bring some sense of clarity and justice. There are several different types of damages that may be awarded in a wrongful death case, each of which seeks to compensate the deceased’s family for current and future losses associated with the death. In this article, we will explore some of the most common types of damages that families can recover in a wrongful death case.
Economic Damages
The first type of damage that the deceased’s family may be able to recover in a wrongful death case is economic damages. These damages seek to compensate for the financial losses associated with the death of their loved one. Some common economic damages in a wrongful death claim include:
- Medical Expenses: If your loved one received any medical treatment for their injuries or illness before their death, you may be able to recover compensation for these expenses. This includes but is not limited to hospital bills, surgeries, and prescription medications.
- Loss of Income and Benefits: One of the most significant financial losses that wrongful death can have on the surviving family members is the income and benefits that they would have earned and provided to their family if they had survived.
- Funeral and Burial Costs: The costs associated with funeral and burial services can be significant. Fortunately, you might be able to receive compensation for these expenses if you file a wrongful death claim.
Non-Economic Damages
Another type of damage that the surviving family members may be able to recover in a wrongful death is non-economic damages. Unlike economic damages whose value can be reasonably assessed, non-economic damages are difficult to quantify as they encompass the intangible losses that a family suffers due to the death of their loved one. Some non-economic damages that are commonly recovered in a wrongful death claim include:
- Pain and Suffering: Pain and suffering damages may be awarded to the deceased’s family to compensate for the emotional distress and mental anguish that they endured as a result of their lost loved one. This may encompass grief, sorrow, and loss of companionship.
- Loss of Consortium: Another type of non-economic damage is the loss of consortium, which seeks to compensate individuals for the loss of love, affection, sexual relations, and companionship that they are experiencing. Loss of consortium is most commonly awarded to spouses.
- Loss of Guidance and Support: In some cases, individuals may be compensated for the loss of guidance and support that resulted from the loss. This is typically awarded in situations where young children lose their parent(s) in a tragic accident.
Punitive Damages
In some cases, punitive damages may be awarded in addition to economic and non-economic damages. These damages are awarded in accidents in which the behavior and actions exhibited by the defendant were particularly egregious, malicious, or reckless.
