Damages play a primary role in a Manchester wrongful death case, as their purpose is to compensate the victim for the losses they have incurred. An attorney’s goal is for their client to be awarded damages at least equal to the losses they suffered, provided there is adequate insurance coverage. When a death is involved, emotions can run high, and it may be difficult to calculate damages. A compassionate wrongful death lawyer could help a grieving family fight for just compensation after suffering the death of a loved one.
Recoverable Damages in Manchester
Under Connecticut law, damages for wrongful death cases can involve medical expenses, lost wages, loss of earning capacity, and any pain and suffering that the individual suffered before their death. Families can also seek damages for funeral costs and their loss of enjoyment of life.
Loss of Future Income
Loss of future income is calculated by examining the deceased individual’s employment history, how much they had earned in prior years, and whether or not they were likely to be promoted. Experts analyze the current and projected growth of the deceased individual’s industry, economic data compared with statistical modeling, Social Security information, and trends outlined by the Department of Labor.
Pain and Suffering
Connecticut measures the value of the individual’s death by the pain and suffering of those left behind. When pursuing damages in a Manchester wrongful death case, a family should simply seek to honor their loved one by sharing how the individual brought joy and contributed their family unit. Personifying the deceased individual and giving the court a sense of who they truly were is vitally important for establishing damages.
Families can also seek punitive damages for deaths resulting from reckless or intentional acts like drunk driving. These can be two or three times the amount of compensatory damages awarded in wrongful death cases.
Who Can Recover Damages from a Wrongful Death Claim?
The estate of the deceased individual can recover damages from a wrongful death claim. The deceased’s spouse and any of their children under the age of 18 can also recover loss of consortium damages from death. However, there are no individuals who are specifically barred from receiving compensation in Manchester.
If the opposing party was solely negligent, the deceased individual’s estate or family is entitled to full damages in Manchester. Under Connecticut’s contributory negligence rules, however, if the decedent was somewhat at fault for the death, the family would recover reduced compensation.
If the Deceased was a Minor, How Does That Affect Damages?
A family suing for the wrongful death of minor child can pursue damages based on the parents’ levels of education, the child’s interests, and who that child might have become as an adult. While determining damages in such cases can be emotionally exhausting and somewhat imprecise, it is a necessary element of the claim.
Families should be aware that, under law, any liens for medical expenses, lost wages, incarceration, or child support may need to be paid by the deceased individual’s estate, which could reduce the final amount that they receive from the wrongful death claim. A Manchester attorney could help prepare the necessary testimony and pursue wrongful death damages on behalf of the grieving family.
Manchester Lawyers Are Ready to Help You Pursue Damages
No amount of money can make up for the untimely loss of a family member, but it can alleviate other stress in your life. If you lost someone in a wrongful death case and wish to seek damages, consult a Manchester attorney. They can guide you through the process of recovering compensation to give you peace of mind.