In a wrongful death case, families can collect for funeral and medical bills, lost earnings and earning potential, loss of health benefits, lost inheritance, loss of companionship, pain and suffering and punitive damages. In this article, we will discuss how these damages are determined.
Calculating Damages
It is very difficult to determine the amount a victim would have made had they not met an untimely death. To make the process easier, states use life expectancy tables to determine the length of life, the length of the working life, and the length of time spent in retirement. Using these tables and earnings at the time of the accident, juries and courts can estimate earnings and retirement benefits.
When the Award is Less than the Estimate
Wrongful death damages are hard to determine because of other factors like inflation. For instance, if a victim made $1000 per week at death, and was expected to work for another decade, the family should get $520,000. However, inflation makes that money worth more today than in the future, and awarding that amount today would mean that the family would be overcompensated. Courts reduce damages to today’s value to avoid paying the family too much.
When Punitive Damages are Awarded
Punitive damages are only given in wrongful death suits where the conduct of the defendant was egregious; their purpose is to punish that person or entity. If you Visit the website, your Wrongful Death Lawyer Manhattan Ks can tell you whether you may be able to collect punitive damages.
Hiring a Lawyer With Experience in Wrongful Death Cases
If you have lost a family member due to someone else’s actions, you should immediately talk to a wrongful death attorney to learn how to protect your legal rights and your future. Your state’s statute of limitations is very strict in these cases, and if you wait too long to file, your claim may be denied even if it is legitimate. By hiring a Wrongful Death Lawyer Manhattan Ks, you can learn how much your case is worth. Lawyers can help you navigate the legal system, and they can also help you determine the value of your claim.
