Understanding Damages in Wrongful Death Cases: Compensation for Families

Understanding the Legal Process

Understanding the legal process and the types of compensation available in a wrongful death case can be critical for families navigating this difficult time. According to data from the Centers for Disease Control and Prevention (CDC), unintentional injuries were the fourth leading cause of death in the United States in 2020, resulting in over 200,000 fatalities that year. Many of these deaths may have been preventable, leaving bereaved families with both emotional and financial burdens.

The first step in a wrongful death case is to determine if the death was indeed caused by the negligent, reckless, or intentional actions of another party. This could involve car accidents, workplace accidents, medical malpractice, or any number of other scenarios. Once liability is established, the family can then pursue compensation through a wrongful death lawsuit.

Types of Damages in Wrongful Death Cases

The damages available in these cases typically fall into two main categories: economic and non-economic. Economic damages are intended to cover the tangible financial losses incurred by the family, such as:

• Medical expenses prior to the deceased's death

• Funeral and burial costs

• Loss of the deceased's expected future earnings and benefits

Non-economic damages, on the other hand, are meant to compensate for the intangible losses, such as:

• Pain and suffering of the deceased prior to death

• Loss of the deceased's love, companionship, and guidance for their surviving family members

Calculating Appropriate Compensation

According to a study by the Bureau of Justice Statistics, the median award for wrongful death cases in the United States is around $1 million. However, the actual amount can vary greatly depending on factors like the deceased's age, income level, the circumstances of their death, and insurance coverage or other sources of recovery..

In Indiana, there is generally no cap on non-economic damages in wrongful death cases, except in specific situations. A $300,000 cap applies only for loss of love and companionship if the deceased was an unmarried adult with no dependents but had surviving nondependent children and/or parents. Caps on damages primarily apply to tort claims against governmental entities.

Seeking Justice and Compensation

Navigating the legal system and effectively calculating damages can be challenging, especially while grieving. That's why it's crucial for families to work with an experienced wrongful death attorney who can advocate for their rights and ensure they receive the full compensation they are entitled to under the law.

If you have lost a loved one due to the negligence or wrongful actions of another party, don't hesitate to reach out to the wrongful death attorneys at Church Church Hittle and Antrim Law. Contact us today for a free consultation.