Wrongful Death Damages
Cherry Hill Wrongful Death Lawyer
If your family member has died due to the negligence or wrongful misconduct of another party, you may have a right to bring a wrongful death action for damages against the individual or entity responsible for the death.
The lawyers at Folkman Law have effectively litigated a variety of injury disputes, including wrongful death actions. Since our founding, we have helped our clients secure substantial compensation in the form of settlements and trial verdicts, many of which have involved multimillion dollar damages. Contact us today for a free consultation.
Wrongful death litigation can be quite confusing for those who are unfamiliar with personal injury law. For clarity, let’s take a closer look at some of the basics surrounding wrongful death compensation.
Wrongful Death Actions vs. Survival Actions
Wrongful death damages account for the losses suffered by the surviving family members as a result of the death at-issue — they are not meant to account for the losses suffered by the deceased individual. By contrast, a survival action is an attempt to recover the damages that are owed to the deceased individual for the harm that they experienced prior to death (i.e., pain and suffering, medical expenses, property loss, etc.).
Damages Can Vary Depending on the Circumstances
Wrongful death damages may include, but are not necessarily limited, to the following:
- Funeral expenses (paid by the plaintiff)
- Medical expenses (paid by the plaintiff)
- Repair bills associated with the accident (paid by the plaintiff)
- Loss of financial support
- Loss of domestic services
- Loss of companionship
- Loss of spousal relations
- Loss of parental guidance
States implement wrongful death law differently. In New Jersey, for example, plaintiffs are not entitled to recover damages for the emotional distress and mental anguish that they suffer as a result of the death.
Generally speaking, the loss of financial support constitutes the most significant portion of a wrongful death claim. Lost financial support is rather expansive in its coverage. In other words, you are entitled to recover damages that account for all the financial support that you would have received had the deceased individual survived. As such, the court must evaluate salary adjustments, promotions/career growth, inflation, and other factors, and must pay the expected contribution for a length of time equivalent to the remaining years of the deceased individual’s career. For example, if the deceased was 60 years old when they died, and they were intending on retiring at 65, then you might only be entitled to the equivalent of five years of financial support.
In a wrongful death action, the surviving family member may be entitled to a range of damages based on the circumstances. The more substantial the dependency of the surviving family member on the deceased individual, the larger the damages are likely to be.
Some family members have never received any financial support from the deceased, and as such, they would likely not be entitled to claim the loss of financial support in a wrongful death action. In other cases, such as a spouse bringing a wrongful death action, the spousal plaintiff would be entitled to assert damages relating to the loss of spousal relations (i.e., love, sexual relations, companionship) and possibly unpaid domestic services, such as chores around the house.
Call for a Free and Confidential Consultation With a Cherry Hill Wrongful Death Lawyer
Wrongful death claims can be quite difficult to litigate. As such, it’s important that you work with a team of attorneys that have a proven track record of success and are comfortable navigating the complexities of such litigation.
We have decades of experience advocating on behalf of those whose loved ones have died due to the negligence, recklessness, or intentional misconduct of others. We have fought extensively to secure adequate compensation for the surviving family members of the deceased — many people are not truly aware of the enormous financial burden that is imposed on families when an earning family member suddenly and unexpectedly dies.
Please call 856-249-9165 or contact us online to schedule a free and confidential consultation with an experienced Cherry Hill wrongful death lawyer at Folkman Law. We are committed to the provision of accessible legal services, and our available 24/7 to answer any questions or concerns that you may have regarding your case.