Wrongful Death Laws – The Firm To Call When Your Future Is At Stake

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Wrongful death is caused by the negligence or misconduct of another and according to Wrongful death laws, the surviving spouse or family members of the victim have a right to compensation for their loss. Although it is impossible to put a ‘value ‘ on human life, courts and juries must do their best to award fair compensation to those who have lost a loved one due to a wrongful death.

Wrongful death laws state that compensation awarded for a wrongful death shall be fair and just compensation for financial or ‘pecuniary injuries’ due to the death of a loved one.  A wrongful death suit can be filed by a spouse or family member(s) of the deceased as compensation for the following: 

  • Mental/Emotional Anguish
  • Loss of love and Loss of companionship 
  • Loss of Earning Capacity, Support and/or Lost Wages
  • Funeral and/or Medical Costs

How Pecuniary Loss is Determined

Pecuniary loss takes into consideration the age of the victim, his or her earning capacity, health and the individual circumstances of the victim’s family members or distributees. The process of determining loss may sound cold and heartless, but the measure of damages is based primarily on pecuniary loss. For example, for an adult with dependants, the victim’s earnings at the time of death as well as potential future earnings would be assessed in the compensation award.  Along with earning capacity, damages for loss of  parental care and nurturing  would also be considered.  

Pecuniary Loss Involving a Child or Elderly Person

Determining pecuniary loss in a wrongful death that involves a child or elderly person is more difficult. Unlike an adult death, where the financial loss to the family is more quantifiable, the loss of a child does not have the same measurable pecuniary considerations. Family members and loved ones may find it difficult to get financial compensation due to the limited means of assessing potential income. Compensation for the elderly can also be limited, especially when the deceased is no longer considered to have earning potential. It is important that you hire a skilled attorney with experience in wrongful death settlements  involving children and the elderly.

If you have lost a loved one and believe it is the result of a wrongful death, please call The Law offices of Leger and Associates at 1 (800) 810-2884 or fill out the FREE case evaluation for an immediate response.  We are here to get you the compensation you are entitled to.

One Response to “Wrongful Death Pecuniary Damages Overview”

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