Damages on a wrongful death action may include compensation for medical bills, loss of earning capacity, pain and suffering, loss of enjoyment of life, and the death itself. Calculating these losses can be difficult without a skilled attorney by your side. Therefore, if your loved one suddenly died in a fatal accident, an attorney could explain the Glastonbury wrongful death damages that you may be eligible to pursue.
Who Can Recover Damages?
The people who can file for and recover compensation are in a limited class, one of which is the estate of the person who died, which represents the deceased had they survived. The spouse also may recover damages in a loss of consortium claim. Compensation in these situations also may include loss of their marriage, loved one, and companionship. If the deceased had children under the age of 18, they also could seek damages for loss of a parent.
Common Types of Losses
The role of economic damages is to compensate the claimant for economic losses such as the cost of medical care, rehabilitative care, custodial care, and lost income. Claimants may receive compensation for the loss of the deceased’s expected income, especially if they were financially dependent on their loved one. Depending on the age and earning capacity of the person who died, these compensatory awards may vary. These are some of the most common types of damages in Glastonbury wrongful death cases, and they can be measured monetarily.
Claimants also frequently recover compensation for pain and suffering and the loss of enjoyment of life. It is important to note that someone may only receive compensation for grief when there was a prolonged period between the deceased’s accident and the date of their death. Grief also may enter as a measure of loss of consortium damages when a spouse brings a claim.
Loss of Future Income
One of the factors in calculating the loss of future income is the work history of the deceased. This calculation includes what the person made in the past and what they would have made in the future.
The deceased’s career and job outlook are valued using an expert economist who takes into account breaks down the likelihood of promotions, opportunities in the field, whether the person was about to receive an increase in their salary at the time of their death, and their career history. Then, using these factors the economist comes up with a solid number or range. However, a judge or jury decides the final amount. They have the discretion to accept, reject, or modify the numbers given to them by the economist.
Calculating Noneconomic Damages
An experienced Glastonbury attorney could help a claimant calculate noneconomic damages in a wrongful death case using similar cases and settlements. Law firms sometimes may conduct focus groups and ask participants for their opinions about the various losses to determine what a jury may do with a specific case. However, one of the first steps in calculating these emotional losses is to understand the deceased person because a lawyer cannot quantify something they have not appropriately understood or measured.
Loss of Consortium
There are two kinds of recoverable damages associated with loss of consortium. Economic loss of consortium compensation may include the tangible items that the deceased person contributed to the household, such as financial support, maintenance of the home, assistance with day-to-day chores, and other activities. Noneconomic loss of consortium damages involves the loss of love and affection, comfort, companionship, and support.
Loss of Society
Loss of society involves compensation for being deprived of doing meaningful work that contributed to the community. For example, if the deceased volunteered or served on an education board, they can no longer contribute to the community, which results in damage and loss.
Loss of a Loved One
Quantifying the loss of a loved one is only brought through loss of consortium claims. One of the factors used to calculate these losses was the decedent’s life expectancy had they survived. The quality of the relationship is another factor the court uses to determine compensation for loss of a loved one. In general, a happier and more loving relationship may result in a large portion of their award going toward loss of a loved one.
Contact a Glastonbury Attorney for Help Calculating Damages in a Wrongful Death Claim
If your loved one suddenly died in an accident caused by another person’s negligence, you may be entitled to compensation for your losses. However, calculating these can be difficult, especially when it comes to valuing your family member’s love and life.
An attorney could look at the totality of the situation by spending time with you and your family. This allows them to develop a holistic picture of your relationship with your loved one and pursue fair compensation for all of your losses. To get started on your claim, call today.