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This content is for informational purposes only and is not intended to provide legal advice.
Losing a loved one is one of the hardest things a person can go through, and when that loss is due to someone else’s negligence, it can be even more difficult. If you have lost a loved one due to someone else’s negligence, you may be entitled to recover damages in a wrongful death case.
In a wrongful death case, damages may be available to the surviving family members of the deceased. These damages can help offset the financial burden placed on the family due to the death and provide some measure of compensation for their loss.
Available Damages in a Wrongful Death Case
In a wrongful death case, damages may be available to the surviving family members of the deceased. These damages can help offset the financial burden placed on the family due to the death and provide some measure of compensation for their loss.
Categories of Damages in a Wrongful Death Case
Wrongful death damages are majorly divided into two. They include economic and non-economic damages.
Economic damages
They are awarded to the family members for financial losses incurred due to the death. This can include lost wages, loss of future earnings, medical expenses, funeral expenses, and more.
Non-economic damages
They are awarded for the emotional suffering caused by the death, such as pain and suffering, loss of companionship, and more.
In some cases, punitive damages may also be available if the defendant’s actions were particularly egregious. Punitive damages punish the defendant and deter others from engaging in similar behavior. The damages available in a wrongful death case will depend on the specific facts and circumstances of the case.
An experienced wrongful death lawyer can help you understand the damages available to you and your family. If a loved one has been involved in a bicycle accident, it is essential to speak with an experienced Jacksonville bicycle accident lawyer as soon as possible. Bicycle accidents can often result in serious injuries, and you may be entitled to compensation for your injuries, lost wages, medical expenses, and more.
Who is Eligible for Compensation in a Wrongful Death Case?
In a wrongful death case, damages may be available to the surviving family members of the deceased. This can include:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
- The siblings of the deceased
- Other close relatives of the deceased
In some cases, damages may also be available to those financially dependent on the deceased. This can include:
- A life partner who was not married to the deceased
- A child who was not related to the deceased but who was financially dependent on them
- Other individuals who were financially dependent on the deceased
The specific damages available in a wrongful death case will depend on the relationship of the surviving family members to the deceased.
When Must a Wrongful Death Claim Be Filed?
There is a time limit, or statute of limitations, for filing a wrongful death case. This time limit varies from state to state but is typically two years from the date of death. In some cases, the time limit may be extended if the cause of death is not apparent at the time of death.
If you have lost a loved one due to someone else’s negligence, you must speak with a wrongful death lawyer as soon as possible to ensure your case is filed within the applicable time limit.
What Are Some Typical Wrongful Death Defenses?
Several common defenses may be used in a wrongful death case. These defenses can include:
- Comparative negligence. This defense can be used if the deceased was partially at fault for their death.
- Assumption of risk. This defense can be used if the deceased knew of the risks involved and still chose to engage in the activity that led to their death.
- Contributory negligence. This defense can be used if the deceased’s actions contributed to their death.
An experienced wrongful death lawyer will be familiar with these defenses and can help you navigate the legal process.
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