When your loved one dies because of nursing home negligence, you might file a wrongful death lawsuit. If a judge rules that wrongful death took place, you and your family will receive compensation. This compensation will help with the financial burden that you bear without your loved one. Monetary compensation will not make up for the loss of a loved one. But, it can reduce your stress and financial burden during this difficult time. Here, you can find the information that you need about compensation and wrongful death.
In wrongful death lawsuits, pecuniary compensation gets awarded. Pecuniary compensation is a form of financial compensation for your loss. Pecuniary compensation typically includes:
- Lost inheritance.
- Loss of services.
- Loss of support.
- Medical expenses.
- Funeral expenses.
- Damages (which will include interest from the time of death).
Pecuniary compensation can get broken down into economic and non-economic damages. An example of economic damages is expenses related to your loved one’s death. This includes paying for funeral arrangements or medical bills.
Economic and Non-Economic Damages
Loss of earning capacity, services, and support are also economic damages. But, evaluating the compensation for these damages can be hard. It is more difficult than determining compensation for concrete expenses, such as bills.
You and your family may also recover compensation for non-economic damages. Non-economic services relate to your pain and suffering. This comes from the loss of your loved one and loss of life.
Losing a loved one will impact the way you live your life and your future happiness. The person or entity that caused this unhappiness should provide compensation for your loss. No amount of money will make up for the loss of someone who was important to you. But, this form of compensation is an appropriate attempt to make things right.
Many factors get considered when determining pecuniary loss and compensation. A few factors include the age, health, earning capacity, and dependents of the deceased. In some cases, evaluating these factors is a straightforward process.
At other times, determining compensation can be complex. Help a judge determine fair compensation by giving information about your deceased relative. Also explain how their death has affected your financial situation. You should keep bills related to funeral arrangements, medical care, and the nursing home. This will establish what money you have spent as a result of your loved one’s death. Also, you and your lawyer should give evidence of loss of services and support.
A judge or jury can determine compensation for these factors. You can employ the help of expert witnesses as well. Witnesses might include economists, accountants, and more. They can calculate the monetary value of your loss.
Personal Injury Damages
You can also sue the at fault party for personal injury damages. If your loved one is the victim of wrongful death, you can recover separate damages. These damages are for personal injury for your loved one’s pain and suffering. Of course, this compensation cannot go to the victim. So, it goes to surviving family members instead.
To determine personal injury compensation, a judge or jury will look at factors of the case. They will consider your loved one’s pain, fear for their life, and their consciousness.
In some cases, the at fault party might pay punitive damages. The purpose of punitive damages is to deter the at fault party from similar actions in the future.
In many states, punitive damages don’t go to the victim or surviving family members. Instead, the state will collect this money from the at fault party. In states with no specific laws, a lawyer can fight to have these damages awarded to the victim’s family.
These are a few examples of how compensation will be awarded in a wrongful death case.