When seeking guidance from our Orlando, Florida wrongful death lawyer at Needle & Ellenberg, P.A., a question that is often raised is, “How much can we sue the person who caused our loved one’s death?” In truth, the value of a wrongful death case rests on many variables. Before committing to pursuing a lawsuit against the at-fault party, it’s important to consider the pros and cons, including the costs associated with litigation. An experienced wrongful death lawyer from our firm can help you determine how much of a financial award you might win in a jury trial versus the risk of losing your case.
What are considered damages in a wrongful death lawsuit?
In legal parlance, “damages” are the costs associated with a victim’s losses. In the context of a wrongful death lawsuit, the decedent’s family member who pursues litigation against the at-fault party must detail the damages associated with the loss of their loved one. With the help of a skilled wrongful death lawyer in Orlando, those damages can be identified and a value assessed to each one. Those details, along with the total damages, are itemized in the lawsuit. If the case is won in court, the jury and/or the judge must determine whether or not a financial award should be given to the plaintiff (the victim’s family member) and if so, should it be less than, equal to, or greater than the total damages.
What are examples of damages in a wrongful death lawsuit?
If an Orlando wrongful death lawyer takes your case, a primary consideration will be the damages associated with your loss. This may take some time to identify and calculate. There are legal guidelines, laws, and precedents that must be followed. There are two types of damages that can be included in a wrongful death lawsuit. They are:
Compensatory damages. These are the most common and include such things as:
Funeral and burial expenses for the deceased.
Medical costs from treatment of their fatal injury or injuries.
The amount of income the deceased would have otherwise earned until their retirement. This may take into account likely bonuses, expected inflation, and other factors.
The loss to the plaintiff of the deceased’s companionship. If the loss is so great that the plaintiff suffers from depression so severe that they are unable to work, the plaintiff’s loss of income might also be considered as damages.
Services that the deceased provided to the plaintiff such as home repairs, child care, housekeeping, etc.
Punitive damages. This type of damage is much less common. Punitive damages are only assessed if the defendant’s actions leading up to, and possibly during, the final act which caused the victim’s death were particularly egregious. Punitive damages are intended to serve as a punishment of the at-fault party. After reviewing your case, it will be clear to your wrongful death lawyer if punitive damages should be included in the lawsuit.
Contact Our Orlando Wrongful Death Lawyer for a Free Consultation
If you lost your loved one due to the actions of another person or a company, contact Needle & Ellenberg, P.A. and request a free consultation. Our wrongful death lawyer Orlando clients recommend will review your case at no charge.