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How are wrongful death damages determined?

For any person who has suffered the loss of a beloved family member due to an accident or the negligence of another party, the grief can be virtually unbearable.

Seeking compensation when a wrongful death occurs is the right of those left behind, but understanding how the law views the value of a human life can be complex. There is no one-size-fits-all amount for wrongful death lawsuits. Each case must be evaluated based on its own circumstances and within the parameters of the law that governs wrongful death claims in the state in which the suit is filed.

Different factors are considered for claim amounts. Those factors may include the following:

  • The wrongful death of an elderly person may be seen in the eyes of the law to have a lower damage amount because the deceased no longer had significant earning potential.
  • When a minor child dies, the projected financial earning of that child over the course of a lifetime is one element that can be used to determine a claim amount.
  • When an adult with minor children dies, both the loss of future income and damages for the loss of parental care may be awarded to children.

If you have lost a loved one in a work-related accident, then don't hesitate to speak with a lawyer with experience in handling workers' compensation and wrongful death claims. A work accident attorney can assess your case and help you understand every available option for receiving compensation and holding the responsible party accountable.

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