Wrongful Death
Understanding Damages In Wrongful Death Cases
The nature of wrongful death cases is such that they tend to award large damage verdicts when liability is found. For many, this is difficult to understand given the fact the person most damaged is deceased. In this article, we take a look at how damages arise.
The wrongful death action has always been a confusing one for many. The issue boils down to the simple fact that the person involved in the tragic event, whether causes by negligence or a malicious act, is no longer alive. As such, how can damages be awarded? The answer is found in the subject of decedent heirs.
Wrongful death is a subject governed by state law. As a result, each state handles it a bit differently. That being said, all of the states allow for the statutory heirs of the decedent to recover damages for the loss of the person in question. A spouse, for instance, likely counted on the income brought in by the decedent to help pay the bills. With the decedent gone, the spouse has been damaged and can recover the lost income as well as other types of damages.
What really cranks up wrongful death verdicts is the issue of time. Let’s say we have a couple named Mike and Marie. Both work and earn $40,000. A driver for Fed Ex falls asleep at the wheel and hits Mike’s car at a light. Mike is killed. Marie is going to have a claim for his lost $40,000 not just this year, but for the remainder of his expected working life. If we assume Mike is 40, we are talking another 20 years easy. $40,000 quickly becomes $800,000 [$40,000 x 20 years].
In some ways, a wrongful death verdict may seem like winning the lotto. In the cases I’ve been involved in, it really is not. The loss of a loved one in these cases is sudden and completely unexpected. The impact that loss has on the remaining spouse and children is simply devastating and no money award can make up for it.
