Types of Damages You Can Recover in a Wrongful Death Claim

Your loved one’s death can be much more painful when you learn that it was caused by another person’s negligence. It’s okay to want justice, and you can get it through filing a wrongful death claim, whether or not there’s an ongoing criminal case.

If you’re not sure where to start or whether your case qualifies to be a wrongful death, consider speaking with a Boise wrongful death attorney to learn everything you need to know. Among the most important things to talk about is the damages you and the deceased’s dependents can recover from the lawsuit.

Economic Damages

Also known as actual damages, economic damages refer to all financial and quantifiable losses experienced. This includes both the damages suffered by the deceased before they died and those felt by their loved ones before and after their death. 

Calculating economic damages is straightforward. Your wrongful death attorney will gather all the bills and their total sum is the amount you should receive.

The most common damages recovered are:

  • Medical costs incurred before the death, such as emergency care

  • Reimbursement for any damage to property

  • Funeral preparation, cremation, and burial expenses

  • Lost wages and salary benefits that the deceased was due to receive in their lifetime

  • Household services that the deceased provided, including daycare and landscaping services  

Non-Economic Damages

Non-economic damages, on the other hand, represent the effects suffered by loved ones that cannot be quantified. Calculating the amount you should receive for your non-economic damages is significantly more complex than actual damages because there’s no monetary value attached. 

A Boise wrongful death attorney can come in handy in such a situation because they understand the law and have helped numerous people with such lawsuits.

Examples of non-economic damages you may receive in a wrongful death claim include:

  • Pain and suffering experienced by the deceased before death

  • Loss of love, consortium, and companionship suffered by the spouse

  • Loss of parental guidance, affection, moral support, care, and training 

Punitive Damages

Punitive damages are not awarded to reimburse the victim, but rather to punish the perpetrator and make an example of them to anyone trying to commit the same act. Therefore, the judge will not consider the victim’s losses when determining the total amount that the defendant should pay.

By deterring other people in society, filing a wrongful death claim can prevent another wrongful death from occurring.

Get Help from a Boise Wrongful Death Attorney

When you file a wrongful death claim for your loved one’s death, you hope that the insurance company will investigate the incident and award the settlement as soon as possible, so you can focus on grieving and healing. But that doesn’t always happen.

One way to ensure that you’re not accepting a lowball settlement is by determining the damages and calculating their total value with a lawyer.

Consult a wrongful death attorney from Craig Swapp & Associates for a free case evaluation. Call 1-800-404-9000 or visit their website to learn more.

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