What damages can I recover for the death of my spouse in a crane accident?

Question: My husband was killed in a crane accident while working on a construction site. He lived for over six months on life support. I would like to pursue a wrongful death claim against the construction company that managed the site. He was also the father of dependent children. What damages can I recover for the wrongful death of my husband?

Response: You may recover for medical bills, funeral costs, and a pecuniary award. A pecuniary award is a financial damage award. Most states do not allow punitive damage awards for wrongful death. Pecuniary damages include recovery for loss of support, loss of consortium, and loss of anticipated earnings.

When determining the award amount, the court will consider the age, earning capacity, health, and life expectancy of your husband. The measurement of the financial value of a person’s life is dependent on each individual circumstance. If your husband was the primary wage earner, the court will calculate the loss of income as part of the award. Additional calculations will include loss of emotional support and loss of parental guidance since he was a father to dependent children. Oftentimes, testimony from experts will help the court asses the monetary value of the decedent in a number of fatal accidents.

Answered by Jessica McElrath

Additional Resources: Wrongful Death Damages

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