Every state has different laws on damages recoverable in wrongful death actions, and most impose limits on damage amounts and types (especially in cases of medical malpractice). There are three kinds of damages available to families after a wrongful death: punitive, non-economic and economic.
Economic Damages
In a wrongful death case, economic damages include the monetary contributions that would have been made had the victim not been killed. They include:
1. Funeral and medical expenses
2. Loss of potential earnings
3. Loss of medical insurance and pension
4. Loss of inheritance
5. The monetary value of the services and goods the victim would have given
Non-Economic Damages
Non-monetary damages are not tangible, but often have a higher value than those mentioned above. Examples of non-economic damages are:
1. The pain, suffering and mental anguish of survivors
2. Loss of nurturing, advice, protection and care
3. Loss of society and companionship, loss of consortium (for deceased spouses)
Punitive Damages
As their name implies, punitive damages are given to punish defendants for egregious conduct. In most states, these are not available in wrongful death actions, and cannot be recovered against some defendants (such as government entities). However, in cases of elder abuse and death in nursing homes, damages of three times the actual amount may be given.
The Statute of Limitations
In most states, the clock does not start ticking until the day the harm is sustained or discovered. For instance, if a doctor does not diagnose cancer and the patient does not learn about it for years, the statute of limitations does not begin until discovery.
Calculating Damages and Getting Help from a Wrongful Death Lawyer in North Stonington CT
It can be very difficult to calculate damages, and parties often use expert testimony to arrive at a dollar amount. Calculations typically include income from work, but they also include the value of care provided by a stay-at-home parent. Wrongful death cases are complex, and often result in large awards. Before taking your case to court, it is best to hire a Wrongful Death Lawyer in North Stonington CT.
