Wrongful Death Awards

Wrongful death awards can vary quite a bit from case to case, and a particular state's law may affect the amount of wrongful death awards, as well, in terms of placing caps on recoverable amounts, and whether punitive damages are available in wrongful death actions. The biggest factor that probably affects the amount of wrongful death awards, however, is the facts of the case. For instance, if a person died only in part due to the negligent actions of another person, the recovery in a wrongful death suit may not be as large. If the person contributed to the accident that led to his or her death, perhaps by committing a traffic law violation that contributed to the fatal car accident that occurred, then a jury might find a negligent driver only responsible for compensating the victim's family to a limited degree. Likewise, the age, health, familial status, and income of a person who died a wrongful death directly affect the potential recovery for the surviving family. As a practical matter, a wrongful death damages award for a younger professional who was the sole support for his wife and children is likely to be significantly larger than a damages award for an elderly, medically frail eighty-year-old man with no immediate relatives or dependents.

Fast Facts

  • There were 993 work-related deaths in 2006 that resulted from contact with objects or equipment.
  • The most common cause of death that involved a crane was the victim coming into contact with objects or equipment.

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