Calculating Damages in a Wrongful Death Lawsuit
I’m Ed Smith, a wrongful death lawyer in Rancho Cordova. Going through a death in the family is one of the hardest things we are tasked with. Compounding that grief with financial worries can be particularly difficult. If the deceased provided the family with monetary support, suddenly, making ends meet is daunting. If the person died due to a negligent act such as being killed by a drunk driver it is possible to lessen the burden.
Defining a Wrongful Death Lawsuit
A wrongful death lawsuit is one that is filed against a company or negligent person when a family member dies as a result of their actions. An example would be a car or truck accident caused by a driver behaving recklessly where someone is killed. Alternately, a company can make a product that is faulty, and due to that defect, someone dies unnecessarily. Both serve as reasons for filing a claim for wrongful death. A family has two years to file a claim.
Damages in a Wrongful Death Lawsuit
When an individual dies, the cost to the family is expressed as damages. There are two basic types of damages. Economic damages are those that can be calculated to reflect specific costs such as loss of income or medical and funeral expenses. End-of-life expenses are also included. Non-economic damages are not calculable in the same sense and differ from case to case. Together, damages present the loss in terms of a monetary value.
Economic Damages
Economic damage is the loss of financial support the decedent would have provided to the family had he or she lived as well as death expenses. These damages compensate the family for what was lost by the decedent’s wrongful death. For instance, a 35-year-old man is killed in a car accident by a drunk driver. He was married with two children. The bulk of the family income came from the man’s salary. In this case, the financial loss to his family would include the support he would have provided in terms of salary and services among others.
Compensatory or economic damages include:
- Lifetime Income: This includes the income the decedent would have made for his or her expected lifespan.
- Cost of end-of-life expenses: As noted, this includes funeral and burial expenses. But it can also include the cost of an ambulance to the hospital after an accident, emergency room costs, surgery done to save the person’s life or hospitalization in the intensive care unit.
- Services: Over a lifetime, an individual provides services that the other family members are freed from doing or the need to hire someone else to do. This includes a variety of services such as cleaning, gardening, mowing the lawn, making home repairs and cooking. It is possible to calculate what the monetary value of such services would be.
- Inheritance: Gifts or inheritance the decedent would have provided.
How Are Economic Damages Calculated?
Calculating the economic damages utilizes several parameters:
- Health: This includes the health of the deceased before he or she died as well as that of the heirs.
- Life expectancy: The decedent’s life expectancy and the life expectancy of the family members who will inherit are used to provide the estimated number of years for which the decedent would have provided support.
- Income: The income of the decedent at the time of death is used along with the expected income the person would have earned over his or her lifetime. This includes health insurance and retirement plans or pensions.
- Earning capacity: This parameter looks at the ability of the decedent to rise in his or her profession over time. It can include education, training in a specific area or assorted job expectations in the future.
Non-Economic Damages
These damages include losses for emotional and psychological trauma. Children lose the guidance, nurturing and training the decedent would have provided. A spouse loses the support and companionship the decedent would have given over time. Some wrongful death damages may be taxable, and talking to a wrongful death lawyer about this is important.
Wrongful Death Lawyer in Rancho Cordova
I’m Ed Smith, a wrongful death lawyer in Rancho Cordova. When a family member dies due to someone’s negligence, a lawsuit for wrongful death may be filed. This can help your family by removing the stress of financial worry. Reach out to me at (916) 921-6400 anytime, or call me on my toll-free line – (800) 404-5400. I have a contact form online at AutoAccident.com. Some clients find it easier. I’ll provide free and friendly advice.
I’ve practiced in Rancho Cordova and the northern part of our state for more than 35 years. I am proud to say that I have been able to help residents with motorcycle and pedestrian accidents as well as traumatic brain injuries.
You might want to see what former clients had to say about my practice. Go to Avvo, Yelp and Google for reviews and comments. You can see how I resolved some cases by going to my settlements and verdicts page.
Take a moment and look at the milliondollaradvocates.com website. This is a nationwide forum of trial lawyers who have provided clients with million dollar settlements and verdicts.
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