There are several damages that are recoverable in a wrongful death case. The damages generally associated with wrongful death cases include burial costs, lost wages, intangible costs and medical costs.
Burial Costs in a Wrongful Death Case
In a wrongful death case, you can commonly sue for burial costs. The burial costs must be reasonable, not extravagant.
Lost Wages in a Wrongful Death Case
Lost wages include the wages that someone could not earn while ill as well as the wages they would have earned over the lifetime they will no longer live. Lost wages for the support of the family will be based on the typical income of the deceased times the number of years they would have otherwise been expected to live.
Lost wages can also be determined for the caregiver. For example, a family member who spent weeks at the bedside of someone who died can sue for the income they did not earn during the ordeal. A family member who lost time from work providing care for someone at home after they were injured can sue for lost wages due to the care-giving duties.
Intangible Losses in a Wrongful Death Case
Family members can sue for intangible losses related to a wrongful death. Premature death of a loved one often causes pain and suffering as well as loss of companionship. These damages are difficult to place a dollar value on, but personal injury lawyers can help assign a number to this loss and include it in your wrongful death lawsuit.
Medical Costs in a Wrongful Death Case
While suing for wrongful death, it is possible to sue for the medical costs during the last days or weeks of their life. For example, someone may have received incorrect medical treatment and spent several days in the intensive care unit fighting for their live before passing on. If someone was admitted to an emergency room and died there, the family may be able to sue for reimbursement for medical procedures that went awry. As part of the wrongful death suit, the family can sue for reimbursement for these medical costs.
Who can Receive Damages from a Wrongful Death Case?
Damages in a wrongful death case are limited to those most severely harmed by the loss of the individual. Spouses and financial dependents such as minor children can sue for the loss of companionship and financial support of the deceased. Immediate family members such as adult children and parents can sue for wrongful death. This is especially true if there is no spouse of the deceased or if these family members have custody of surviving minor children of the deceased.
Distant relatives such as siblings can sometimes sue for the wrongful death in some jurisdictions, but their case is a lower priority over any wrongful death suit brought by widows and widowers, children and parents of the deceased.
A personal injury lawyer can review your situation and determine if you have a viable claim. A trustee of an estate is able to sue for damages for the wrongful death, on behalf of heirs to the estate. Toronto injury lawyers can be hired by the trustee to file the wrongful death suit with the proceeds of the lawsuit becoming part of the estate.