Losing a loved one is a traumatic experience, especially when their death was caused by someone else. Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. This legal term is used in civil lawsuits where the surviving family members can seek compensation for the loss of their loved one. Learn what damages you can collect if you’ve lost a loved one to wrongful death, and how a personal injury attorney can help you during this difficult time.
Damages Awarded For Wrongful Death Cases
In wrongful death cases, the court may award various types of damages to the deceased’s family. These can include:
Economic Damages
Economic damages cover the tangible, quantifiable financial losses resulting from the wrongful death. These can include:
- Medical Bills: All medical expenses incurred due to the injury or illness that led to the death. This includes hospital stays, surgeries, medications, and other treatment-related costs.
- Funeral and Burial Expenses: Costs associated with the funeral, burial, or cremation of the deceased.
- Loss of Future Earnings: The estimated income the deceased would have earned had they lived. This calculation considers the deceased’s age, occupation, work history, and life expectancy.
- Loss of Benefits: This includes the loss of pension plans, health insurance, and other benefits that the deceased would have provided.
- Loss of Inheritance: The value of what the deceased might reasonably have been expected to leave to their heirs.
Non-Economic Damages
Non-economic damages compensate for the more subjective, non-monetary aspects of the loss. These include:
- Pain and Suffering: Compensation for the emotional and physical distress experienced by the surviving family members due to their loved one’s death.
- Loss of Companionship: The loss of the deceased’s companionship, care, and affection, which can be particularly significant for spouses and children.
- Loss of Consortium: The deprivation of the benefits of a family relationship, including affection, solace, moral support, and sexual relations between spouses.
- Emotional Distress: The mental anguish and emotional suffering endured by the surviving family members as a result of the wrongful death.
West Virginia law allows the recovery of both economic and non-economic damages. This comprehensive approach aims to fully compensate the family for the extensive impact of their loss.
Punitive Damages
Punitive damages are awarded in addition to compensatory damages and are intended to punish the defendant for particularly reckless or malicious behavior and to deter similar conduct in the future. These damages are not always available and are typically awarded only when the defendant’s actions were especially egregious.
- Criteria for Punitive Damages: The plaintiff must prove that the defendant acted with gross negligence, willful misconduct, or intentional harm.
- Purpose: Unlike compensatory damages, which aim to make the family whole, punitive damages serve as a penalty for the defendant and a warning to others.
How Wrongful Death Settlements Are Calculated
Calculating a wrongful death settlement involves several factors:
- Economic Factors: The deceased’s age, health, life expectancy, earning capacity, and financial contributions to the household.
- Non-Economic Factors: The emotional impact on surviving family members, the loss of companionship, and the deceased’s role in the family.
- Degree of Negligence: The severity of the defendant’s negligence or intentional conduct.
Courts will often consult with experts to determine the economic losses and consider testimonies regarding the non-economic impact on the family. Each case is unique, and settlements can vary widely based on these factors.
Who Can File a Wrongful Death Claim?
In West Virginia, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. The compensation awarded in a successful claim benefits the deceased’s surviving spouse, children, parents, and other financially dependent relatives. If no such individuals exist, the proceeds go to the deceased’s estate.
Are Wrongful Death Damages Taxable?
In most cases, compensatory damages received from a wrongful death claim are not taxable under federal law. According to the IRS, these damages are considered compensation for physical injuries and are thus excluded from taxable income. However, any interest earned on the damages or punitive damages awarded may be subject to taxation. It is advisable to consult with a wrongful death lawyer to understand the specific tax implications of your case.
How a Wrongful Death Lawyer Can Help You Seek Damages
A wrongful death lawyer can help you navigate the complexities of filing a wrongful death claim. They can:
- Investigate the Claim: Gather evidence, interview witnesses, and consult with experts to build a strong case.
- Calculate Damages: Accurately assess both economic and non-economic damages to ensure full and fair compensation.
- Negotiate Settlements: Work with insurance companies and opposing counsel to negotiate a fair settlement.
- Represent You in Court: If a fair settlement cannot be reached, your lawyer will represent you in court to fight for your rights.
Having a knowledgeable and experienced wrongful death lawyer by your side can significantly increase your chances of securing the compensation you may deserve, allowing you to focus on healing and moving forward.
At Stewart Bell, PLLC, our lawyers in Charleston, Huntington, Dunbar, and across West Virginia are dedicated to providing compassionate and qualified legal support to the families of wrongful death victims. Contact us today for a free case review and take the first step towards receiving justice.
