Damages – Wrongful Death Cases
Example One: Spouse Dies, Leaving A Surviving Widow But No Surviving Children
Widow’s damages:
- Loss of decedent’s companionship and protection
- Mental pain and suffering from date of injury
- Loss of support and services from date of injury to date of death (with interest)
- Future loss of support and services from date of death (at present value)
- Medical and funeral expenses due to decedent’s injury/death if paid by survivor
Example Two: Spouse Dies With Surviving Children And Surviving Widow
Widow’s damages:
- Loss of decedent’s companionship and protection
- Mental pain and suffering from date of injury
- Loss of support and services from date of injury to date of death (with interest)
- Future loss of support and services from date of death (at present value)
- Medical and funeral expenses due to decedent’s injury/death if paid by survivor
Children’s damages:
- Loss of support and services from date of injury to date of death (with interest)
- Future loss of support and services from date of death (at present value)
- Minor children only (under 25), or all children if there is no surviving spouse, may also recover loss of parental companionship, instruction and guidance as well as mental pain and suffering from date of the injury
Example Three: Parent Dies With Surviving Children But No Surviving Widow
Children’s damages:
- Loss of support and services from date of injury to date of death (with interest)
- Future loss of support and services from date of death (at present value)
- All children may also recover loss of parental companionship, instruction and guidance as well as mental pain and suffering from date of the injury
- Medical and funeral expenses due to decedent’s injury/death if paid by survivor
Example Four: Child Dies With Surviving Parents But No Surviving Spouse Or Children
Parents’ damages for loss of minor child:
- Mental pain and suffering from date of injury
- Medical and funeral expenses due to decedent’s injury/death if paid by survivor
Parents’ damages for loss of adult child:
- Mental pain and suffering from date of injury (so long as there are no other survivors)
- Loss of support and services from date of injury to date of death (with interest)
- Future loss of support and services from date of death (at present value)
- Medical and funeral expenses due to decedent’s injury/death if paid by survivor
Important factors:
- The amount of decedent’s probable net income available for distribution to the survivor and the replacement value of the decedent’s services to the survivor may be considered.
- In computing the duration of future losses, the joint life expectancies of the survivor and the decedent may be considered.
- Support includes contributions in kind as well as money.
- Services mean tasks – usually of a household nature – regularly performed by the decedent that will be a necessary expense to the survivor and shall be determined under the particular facts of each case.
- Net accumulations mean the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of their estate if the decedent had lived to their normal life expectancy.
- Net business or salary income is the part of the decedent’s probable gross income after taxes – excluding income from investments beyond death – that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.
- Evidence of remarriage of decedent’s spouse is admissible.
- If both spouses die within 30 days of one another as a result of the same wrongful act(s), then each spouse is considered to have been predeceased by the other.
- All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
- Adult children cannot recover lost parental companionship in medical malpractice claims.
- Parents of a deceased adult child cannot recover mental pain and suffering in medical malpractice claims.