B. Loss of Past Wages.
Determining the loss of wages depends on the circumstances of the decedent's death. If the victim sustained an injury that caused a loss of past wages, these past wage losses are normally compensable in a wrongful death claim.
C. Loss of Means of Support.
When a parent of minor children or caregiver of others passes away due to a wrongful death, the pecuniary value of the loss of means of support is also considered. This may be loss of monetary support to the dependence that has been taken away by the wrongful death of a breadwinner. Factors that are considered in this loss may include the earnings capacity of the decedent, the foreseeable work life expectancy of the decedent, the probable career advancement of the decedent and a host of other factors. Evidence of these factors are submitted to a jury to assist the jury in determining the total loss of means of financial support sustained by the survivors as a result of the decedent's death.
D. Loss of Aid, Comfort, Society and Companionship.
When a decedent leaves surviving heirs, the heirs are entitled to compensation for the loss of aid, comfort, society and companionship. This includes the loss of the companionship that the decedent would have continued to provide to the surviving heirs, including the loss of companionship to a surviving spouse and children and other heirs. The traumatic loss of a spouse's companionship is monumental. Similarly, when a parent dies, the child loses that parent's guidance and the corresponding loss of comfort. Compensation for this loss depends upon a host of factors that an experienced wrongful death lawyer will be able to assess and develop evidence to be included in pursuing a wrongful death claim..
E. Punitive Damages.
When malicious or intentional wrongful deaths occur, punitive damages may be sought by the victim's survivors to discourage others from behaving in the same manner. Each state's laws must be assessed to determine whether punitive damages may be recoverable in a wrongful death claim. To determine if your state allows this type of compensation, it is advisable to seek the services of a competent wrongful death attorney. |