In a wrongful death case, a car accident victim is eligible for economic and non-economic damages after a car accident resulting in wrongful death. Damages is the legal term for financial compensation in a lawsuit.
Examples of economic damages for a wrongful death case include:
- Loss of benefits or gifts, for example, if a dependent on a health insurance plan of the deceased loses coverage or if someone loses the financial support from the deceased
- Loss of wages or income, if a family loses the income and wages that came from an individual’s income
- Funeral costs and medical expenses, that are costly after the death of a loved one
Examples of non-economic damages for a wrongful death case include:
- Emotional distress, which refers to the grief and emotional toll that the death of a loved one can have on family members and affect their way of producing income
- Loss of consortium, which refers to the loss of sexual and romantic relations, and possibility to reproduce with the spouse or partner that dies in the accident
- Loss of emotional support, that refers to the loss of support, love, and guidance, that the deceased provided to their family
In all other personal injury cases that don’t result in wrongful death, there is the possibility of being awarded punitive damages, in addition to the rest of the economic and non-economic damages.
Punitive damages are intended to further punish the party at fault for causing the losses in the personal injury case, however, they are rarely awarded at an only 5% rate of all personal injury cases.
Punitive damages are only implemented when the damage, intent, or recklessness of the party at fault is especially malice. However, in wrongful death cases, punitive damages are not available unless the family files a survival action suit.