Car accident deaths are extremely emotional, contentious, specific and highly compensated types of claims and lawsuits. This type of claim or lawsuit is referred to as a “wrongful death” suit. Because of their serious nature and the high awards that such claims usually receive, family members of the deceased should fully understand the nature of wrongful death claims.
Wrongful Death Claims Explained
A wrongful death claim is one in which the family members of a deceased individual sue the party or parties it believe is responsible for the death. This type of suit can only be brought by individuals related to the deceased or the deceased’s legal representatives or spouse.
There are four elements in a wrongful death claim: 1) the defendant wholly or partially caused the death; 2) the defendant was strictly liable or negligent in causing the death; 3) the claimants are the spouse, children, dependants or beneficiaries of the deceased; 4) the claimants have suffered damages as a result of the death. All four of these elements must be proven for the claimants to receive damages. Parents of a deceased child may sue for the child’s wrongful death, although such awards are usually only limited to the parent’s mental anguish and pain and suffering.
Compensation Calculation
A successful claimant of a wrongful death claim is typically awarded money for his damages. The amount of the damage award is calculated based on several different factors, including the deceased’s current and potential income, the claimant’s emotional distress and any medical expenses associated with the deceased. Mathematical calculations for wrongful death claims differ from state to state.
Typically, because a child has no income, a parent claiming the wrongful death of a child is limited to receiving compensation only for his mental anguish and pain and suffering. Some states will consult literature or statutory codes to determine the amount of income attributable to a child if permitted to do so by the state.
Punitive Damage Awards
If the responsible party’s behavior was extremely egregious or negligent, some states will allow punitive damage awards in wrongful death claims. Punitive damages are awards of money intended to punish the wrongdoer for his behavior. However, although permissible to be awarded, most states limit the amount that can be awarded, typically to several hundred thousand dollars.
Obtaining Legal Representation
If you are considering filing a wrongful death claim, seek legal advice. A lawyer will review the facts of your case and detail the wrongful death statutes in your state, including those governing compensation awards.
