Plaintiff's Personal Injury and Wrongful Death

Our firm represents individuals injured because of the negligent or intentional behavior of another. Victims of personal injury are entitled to financial compensation for their medical and property expenses, incidental costs caused by the accident, and may be entitled to additional damages to cover future expenses, pain and suffering, or other issues. If you or a family member has been injured as a result of a dangerous product or environmental condition, a car accident or other accident, contact us to discuss your case. "Wrongful Death" is a legal term that refers to situations when a person dies due to the negligence of another. Wrongful Death cases may arise as a result of a variety of incidents, including car and other motor vehicle accidents, or harmful products. The goal of our firm is to make sure that the survivor and beneficiaries are maximally compensated for their loss. In times of grief it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties.

Damages in Wrongful Death Lawsuits

When determining damages in a wrongful death case, generally, the court must look at monetary loss. The court may consider other types of loss, such as emotional loss; however, the loss must be calculatable in order for the plaintiff (family member) to be compensated. Accordingly, some financial expenses of the decedent that the court will consider are the annual earnings (wages), the financial dependence of the family members on the deceased, the amount of the deceased’s savings, any other assets, medical costs and funeral costs. When looking at the decedent’s finances the court will also consider factors such as the deceased’s life expectancy (including overall heath), earning potential and the loss of household duties (including house care, child care and/or caring for other family member’s financial or living needs). In some cases, if the decedent was in school to prepare for a profession, the court may take that loss of future profession and increase in earning potential into consideration as well.

Likewise, the court may consider the plaintiff’s emotional loss when determining the amount of damages. Emotional harm is difficult for the court to quantify with a financial amount and many harms suffered cannot be compensated by monetary means. However, when trying to consider emotional damages, the court may examine the relationship between the decedent and the survivors and the contribution the deceased made to the household/family. Some factors may include loss of consortium or companionship, loss of parental direction and care and loss of affection. The amount of weight a court gives emotional loss and the financial compensation available will depend on the applicable law in your state.

Additionally, some jurisdictions allow plaintiffs to recover punitive damages in some circumstances. Punitive damages are monetary damages awarded to the plaintiff in addition to the compensatory damages (discussed above). The judge or jury makes the decision to award these types of damages based on the facts of the case. The intent is to punish, or penalize, the defendants for their behavior/actions. In many jurisdictions, the defendant’s actions must have been “reckless or malicious” in nature.