WHAT ARE SOME OF THE DAMAGES I MAY BE ENTITLED TO IN A WRONGFUL DEATH CLAIM?
Each survivor in a wrongful death action may recover the value of lost support and services. A surviving spouse, minor children, and in some cases adult children, may recover damages for loss of companionship, instruction, and guidance. The surviving spouse, minor children, adult children when there is no surviving spouse of the decedent, each parent of a deceased minor child and the parents of an adult child when there are no other survivors may recover for their pain and suffering caused by the decedent’s death. A survivor who has paid all or part of the medical and funeral expenses that were incurred as a result of the decedent’s injury or death may be awarded an amount to compensate him for that expense. The estate may recover the “future accumulations” for the estate; i.e., the present value of the decedent’s probable future net earnings. Punitive damages may also be recovered.