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Damages in a Wrongful Death Lawsuit

May 21, 2019

A wrongfully dead case is a civil action which is brought by the survivors or of the estate, which is of a person who has died due to the negligence or intentional actions of another. Each and every state has their specific set of rules which governs the wrongful death claims and it also includes the rules of identifying as to who can file a wrongful death lawsuit in the state’s civil court system. A personal representative of the deceased or the family member will be able to file the suit.

The damages available for the wrongful death claim can vary from state to state. There are many states which limit or cap the type and amount of damages and this is especially in a medical malpractice claim.

The types of damages include:

  1. Economic damages: This includes the financial contributions of the victim which he/she would have made to the survivors if he/she wouldn’t have died. This includes:
  1. Funeral and medical expenses which are connected to the death
  2. Loss of benefits like medical coverage or pension plans
  3. The loss of expected earnings of the victim
  4. Loss of inheritance because there has been an untimely death
  5. The goods and service value which the victim would have provided

 

  1. Non-economic damages: Non-economic damages are less tangible and have more value than economic damages. For example

 

  1. Damages that the survivor has faced in the form of pain, mental anguish, and suffering
  2. Loss of companionship, love, and society from the deceased
  3. Loss from the deceased like protection, care, advice, guidance, nurturing and training
  4. The loss of consortium from the dead spouse

 

There are also punitive damages included which is awarded to punish the defendant for the bad conduct. These damages are not available in many states which are in the wrongful death lawsuit and it is not recoverable against particular defendants which include the government agencies.  But the treble damages can be recovered against the nursing homes for elder abuse and also for the death.

In this context, Cirillo Law Firm provides the best wrongful death lawyers in Connecticut. This Personal Injury law firm New Haven, CT, has been helping the residents of New Haven and its surrounding areas since 1980. They ensure that all of the cases will be handled with sensitivity and professionalism.


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