When an individual loses their life due to the negligence or intentional misconduct of another individual, organization, or entity, that person has suffered a wrongful death. The surviving family members of the deceased are entitled to file a wrongful death suit to recover pecuniary damages. Pecuniary damages are the financial losses suffered by the family including:
The statutes in most states dictate that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the deceased’s death. Damage awards include interest from the date of the deceased’s death.
The age, character and condition of the deceased, his / her earning capacity, life expectancy, health and intelligence, as well as the circumstances of death are all factors taken into consideration when courts determine the value of pecuniary loss. The jury’s decision is not the final one. A judge can alter the value of damages to be awarded based on the most recent earnings of the deceased. The expert testimony of an economist can often prevent this kind of offset.
If you have lost a loved one due to another person or entity’s negligence or malicious act, you may have the right to recover damages for your loss. Contact the Racine wrongful death lawyers of Habush Habush & Rottier S.C. ® at 800-242-2874 for a free consultation. We will discuss your case and further legal options.