Personal Injury Attorney | Wrongful Death Claim
Personal Injury Attorney | What kind of damages can be recovered in a wrongful death claim?
When a person dies due to the negligent actions of another person or group, surviving family members and relatives may be able to sue the negligent party by filing a wrongful death claim. Personal injury attorneys can help families deal with wrongful death claims.
Economic and Non-Economic Damages
The damages a personal injury attorney will help collect for wrongful death are slightly different than those collected for personal injury claims. The money is not collected based on the injuries or pain suffered by the deceased person. They are instead based on economic and sometimes emotional losses suffered by the survivors. Economic losses are the easiest to obtain, and a personal injury attorney will help a client determine how much they may be entitled to. Economic damages are based primarily on the income and benefits the deceased person was providing to the family members. Anyone being supported by the deceased person financially may stand to gain from these damages. These damages are usually straightforward calculations. Personal injury attorneys can help clients gather evidence and make these calculations.
Personal injury attorneys may also help clients gain other sorts of damages. Non-economic damages, such as those for the pain and suffering or mental anguish of the survivors or a loss of companionship and care, are not as straightforward as economic damages. A jury will often be called upon to determine a reasonable amount based on the evidence presented. A judge will then approve that or an amended amount. It is not always possible to gain any non-economic damages, but they are often awarded. There may also be certain caps or maximums on the amount of damages possible.
In certain cases, personal injury attorneys may also help sue for punitive damages. Punitive damages are much rarer than other types of damages. They usually occur when there is evidence that the death was not only negligent but also intentional. Punitive damages are generally reserved for companies or organizations as an extra incentive and reminder that they need to take steps to prevent whatever caused the death in the future, but punitive damages can potentially be brought against anyone. A personal injury attorney can help a client determine if the facts of their case may allow for punitive damages.
Since 1989, the personal injury attorneys of Clekis Law Firm have been representing injured people and their families in Charleston and throughout the Low Country. At the Clekis Law Firm our clients always come first. If you or a loved one has suffered a serious personal injury due to the negligence of another, don’t be victimized twice. You need someone on your side to help you with your personal injury case and obtain the fair and reasonable compensation that you deserve. Call Clekis at 843.779.1160!
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