What Damages Can Be Obtained In A Wrongful Death Case?
Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts have interpreted “pecuniary injuries” as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the decedent’s death.
Determining Pecuniary Loss
When determining pecuniary loss, it is relevant to consider the age, character and condition of the decedent, his/her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the distributees. This determination may seem straightforward, but it often becomes a complicated inquiry, keeping in mind that the measure of damages is actual pecuniary loss. Usually, the main consideration in awarding damages is the decedent’s circumstances at the time of death. For example, when an adult wage earner with dependents dies, the major parts of the recovery are: 1) loss of income, and 2) loss of parental guidance. The jury may consider the decedent’s earnings at the time of death, the last known earnings if unemployed, and potential future earnings.
Adjustments In The Jury’s Award
In a wrongful death action, the jury determines the size of the damages award after hearing the evidence. The jury’s determination is not the final word, however, and the size of the award may be adjusted upward or downward by the court for a variety of reasons. For example, if the decedent routinely squandered his income, this might reduce the family’s recovery. Similarly, the courts will reduce a jury’s award if the decedent had poor earnings, even though he was young, had great potential, and supported several children. At the same time, a jury may award lost earnings despite the decedent’s having been unemployed, if he had worked in the past and if the plaintiff presented evidence of the decedent’s average earnings while employed. If the plaintiff fails to present such evidence of the decedent’s average earnings, the court may set aside the jury’s damage award and order a new trial.
Using Expert Testimony To Determine Pecuniary Loss
Plaintiffs are able to present expert testimony of economists to establish the value of the decedent to his family. Until recently, this testimony was not admissible when a housewife died, but that rule has changed. When the decedent is a housewife who was not employed outside the home, the financial impact on the survivors will not involve a loss of income, but increased expenditures to continue the services she was providing or would have provided if she had lived. Because jurors may not be knowledgeable regarding the monetary value of a housewife’s services, experts may aid the jury in this evaluation.
Punitive damages can be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, or deter others from behaving similarly. In South Carolina, punitive damages may be available if the Defendant’s conduct was considered reckless or intentional.
Survival Actions For Personal Injury
In addition to damages for wrongful death, the distributees may be able to recover damages for personal injury to the decedent. These are called “survival actions,” since the personal injury action survives the person who suffered the injury. The decedent’s personal representative can bring such an action together with the wrongful death action, for the benefit of the decedent’s estate.
In a survival action for a decedent’s conscious pain and suffering, the jury may make several inquiries to determine the amount of damages, including: 1) the degree of consciousness; 2) severity of pain; and, 3) apprehension of impending death, along with the duration of such suffering.
At Sahn Law Firm, our skill, experience, and dedication to each and every client is what sets us apart from other personal injury firms. We always offer a free, confidential consultation to discuss your potential wrongful death claim with you. Please call us anytime to see how we can help you achieve the best possible result in your case.
For more information on Damages In Wrongful Death Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.