Wrongful Death Damages

Whether a negligent person is completely or only partially at fault for the death of another person, he or she is potentially liable for his or her negligent actions. Through a wrongful death claim, the immediate family members of the accident victim may seek compensation not only for actual expenses related to the victim's death, but also for indirect losses resulting from the victim's death, such as loss of future earnings, loss of future support for family members, and pain and suffering for the remaining dependent family members. In some jurisdictions, wrongful death damages may also include interest on any unpaid damages up to the time that they are collected. Additionally, some states permit an award of punitive damages in certain circumstances, such as if the driver acted intentionally or in a particularly malicious manner. As a general rule, the types and amounts of damages that family members can recover as a result of the death of a loved ones will vary according to the state law in which the incident occurred, as well as the facts involved in the incident.

Fast Facts

  • Drivers involved in fatal crashes at night were four times as likely to be intoxicated by alcohol than those drivers involved in fatal crashes during the day.
  • In 2007, speeding was a contributing factor to at least 31% of all fatal traffic accidents.

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