How Do I Calculate the Value of My Wrongful Death Case?
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Losing a loved one is a devastating experience, and if you are facing a wrongful death lawsuit, you may be uncertain what types or amount of compensation you are entitled to. You may be wondering how the courts determine the value of a life lost. Besides the immediate expenses a family endures after a death, courts will consider the long-term impacts the loss of an individual makes on their loved ones.
Understandably, calculating damages in a wrongful death case is not easy. Many factors must be considered to fully understand the appropriate compensation in a case, and expert witnesses such as economists or accountants are often needed.
If you have lost a loved one due to the negligence of an individual or company, call Zinda Law Group at (800) 863-5312 for a free consultation with an experienced and compassionate wrongful death lawyer in Colorado Springs.
What Types of Damages Are Available?
In a wrongful death action, plaintiffs may recover actual damages and, in certain cases, exemplary damages.
Exemplary damages, also known as punitive damages, are used to punish the negligent party to prevent future misconduct and are not available in all wrongful death cases.
Actual damages cover both economic damages and non-economic damages. Economic damages are those that compensate for monetary losses or services with economic value. Non-economic damages are often more difficult to quantify and cover what is commonly referred to as “pain and suffering.” Below is a list of the factors to be considered in determining the amount of compensation that would be appropriate for economic and non-economic damages.
- Medical and funeral expenses
- Future earnings
- Benefits provided by the deceased (example, medical coverage and pension plans)
- Anticipated inheritance the deceased would have saved over the course of a normal life expectancy
- Goods and services the deceased would have provided
- Mental anguish
- Loss of care, protection, guidance, moral support, and nurturing
- Loss of love, companionship, comfort, affection, and society
- A spouse’s loss of consortium
When calculating the value of various actual damages, an experienced wrongful death attorney will consider the available facts that would impact the amount of support the deceased would have contributed over the remainder of their life, if it had not been for their unexpected death. Such facts would include:
- The age of the decedent at the time of death
- Their health immediately prior to death
- Life expectancies
- Their earning capacity
- Other facts that would indicate what benefits an heir might reasonably have expected to receive
There is no need to navigate a wrongful death claim alone. In wrongful death cases, seek out a wrongful death attorney experienced in cases like yours. In this difficult time, having an experienced attorney on your side will help relieve anxiety as you seek compensation.
Our Colorado Springs Wrongful Death Attorneys Can Help You and Your Family
At Zinda Law Group, our personal injury lawyers know how devastating a wrongful death can be, and we are dedicated to protecting your family’s legal rights and showing you care and compassion throughout your case and beyond.
We have the knowledge and resources necessary to help you build the strongest case possible and to pursue maximum compensation. And as one of our clients, you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your case.
Meetings with attorneys by appointment only.