When a loved one dies due to someone else’s negligence, it is absolutely devastating.
Your whole world flips upside down. And on top of dealing with the loss, families are thrust into financial hardship they don’t deserve. Medical expenses. Funeral costs. Loss of income…
It is gut-wrenching.
The good news is there is legal recourse.
Wrongful death cases allow surviving family members to pursue compensatory damages. These damages are intended to bring families back to the financial position they would have been in if their loved one was still alive
The problem is most people don’t know how wrongful death claims work. Understanding the process and knowing your rights is often the difference between fair compensation and walking away with nothing.
In this article you’ll learn:
- What Are Compensatory Damages in a Wrongful Death Case?
- Why Filing a Wrongful Death Claim is Important
- The Two Types of Compensatory Damages Available
- Factors That Influence Settlement Value
- Things To Do After Losing a Loved One Due To Negligence
Let’s dive in.
What Are Compensatory Damages in a Wrongful Death Case?
When someone you love dies because of another person’s negligence or wrongful action, surviving family members can seek compensatory damages in a lawsuit.
Here’s what that means…
Essentially, compensatory damages refer to money awarded to help survivors recoup their financial losses. This includes both economic costs like medical bills and funeral expenses as well as intangible damages.
Wrongful death statutes vary from state to state. For instance, wrongful death laws in Connecticut specify who can bring a claim, what damages can be recovered, and the time limits for filing a lawsuit. It’s important to know how your state handles these types of claims.
A lot of people die every year as a result of someone else’s negligence.
Per preliminary data released by the CDC, unintentional injuries were responsible for 196,488 deaths in the United States in 2024. That’s the third-leading cause of death across the country.
A lot of those deaths are preventable.
That’s why compensatory damages wrongful death claims exist.
Why Filing a Wrongful Death Claim is Important
There’s no way to sugarcoat it. If a negligent counterpart offers to settle, accepting can be much quicker and easier than prolonging the situation.
But if you want justice for your loved one’s untimely death, filing a wrongful death claim is important for a number of reasons.
Someone died because of their negligence. Period.
The loss of a loved one is heartbreaking, but when that person dies because of someone’s careless actions it’s important to hold them accountable.
Losing a primary breadwinner is a financial blow to families. Mortgage payments, bills, car notes, groceries…they don’t stop because someone died.
Filing a claim can provide compensation to:
- Replace lost income and benefits
- Reimburse medical bills
- Cover funeral and burial costs
- Serve justice
If a family doesn’t file a wrongful death claim, they are left to pay those costs alone. The person at-fault suffers zero consequences for their negligence.
And that’s unacceptable.
Wrongful death claims not only help families pay for costs associated with their loss, but they also help bring negligent parties to justice.
The Two Types of Compensatory Damages
Not all compensatory damages are created equal. In general, there are two categories of damages that surviving family members can recover.
Economic Damages
Economic damages represent financial losses that are a direct result of the deceased’s accident or injury. These costs are tangible and can typically be supported by bills, receipts, and financial statements.
Economic damages may include:
- Lost wages from time off work
- Loss of earning capacity
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of benefits like health insurance, pensions, etc.
- Loss of household services
Basically, if it had to be paid for or will cost money in the future because a loved one passed, it’s considered an economic damage. Economic damages are where the majority of a wrongful death settlement goes.
Non-Economic Damages
Non-economic damages are intangible losses that don’t come with a price tag. They’re more subjective and difficult to determine.
Examples of non-economic damages include:
- Pain and suffering of the deceased before death
- Loss of companionship
- Loss of consortium
- Loss of parental guidance
- Mental anguish
Factors That Affect the Value of Your Settlement
Every case is different.
The amount of compensation a family is entitled to will depend on a number of different factors. Here are just a few:
- Age/Health of Deceased: Younger, healthier victims usually result in higher settlements.
- Loss of income: Annual salary, career prospects, and benefits.
- Number of Dependents: The more dependents = more compensation.
- Details surrounding negligence: Deaths caused by egregious recklessness can increase settlements.
- Your state’s laws/damage caps: Non-economic damages are capped in some states.
According to research from Johns Hopkins, medical errors are the cause of approximately 10% of all deaths in the United States each year. Medical negligence can result in hefty compensatory damage awards.
Keep in mind, every wrongful death case is different. But most compensation awards boil don to the specifics of the situation.
Steps to Take After Losing a Loved One Due To Negligence
The period immediately after a loved one dies can be overwhelming and emotionally-charged. Filing a wrongful death claim might be the last thing on anyone’s mind.
But taking these important legal steps ensures the family’s rights are protected and the claim is given every opportunity to succeed.
Do these 5 things:
- Preserve Evidence. Secure copies of any medical records, police reports, witness contact information, and take photographs if applicable.
- Document expenses. Compile documentation of financial losses like medical bills, funeral expenses, and proof of income.
- Statute of Limitations. Be aware of your state’s wrongful death lawsuit deadline. You only get one chance to file.
- Hire a Lawyer. Wrongful death cases are complicated. You need an experienced attorney on your side.
- Don’t talk to insurance companies. Insurers often low-ball settlements. Let your attorney negotiate on your behalf.
Taking quick action after a loss is critical. Waiting any length of time can seriously harm the case.
Bringing It All Together
Losing someone you love is never easy. Dealing with the financial hardship that comes along with losing a spouse, parent, or child can be debilitating.
But if a loved one died because of someone else’s negligence, there are legal options. Filing a wrongful death claim allows survivors to recover compensatory damages to help alleviate the financial burden they’re facing.
Remember…
- There are two types of compensatory damages: economic and non-economic.
- Wrongful death claims hold negligent parties accountable.
- Each case is different and the settlement will depend on unique circumstances.
- Preserving evidence and hiring an attorney early are key.
While nothing will ever bring a loved one back, knowing that financial justice was reached can provide some peace of mind to you and your family.