What Types of Damages Can Be Claimed in a Wrongful Death Claim?
- Posted on: September 20, 2019
In a wrongful death claim, survivors of the deceased person may be entitled to recover certain damages from the party who caused the death. The types and amount of damages that may be claimed vary in each case. To ensure that you recover the full amount to which you may be entitled, you should contact the personal injury law firm in Tampa, Mandelbaum, Fitzsimmons, Hewitt & Cain.
What types of damages can be claimed in a wrongful death case?
In a wrongful death case, damages are categorized into two basic areas, general and special damages. A New Tampa personal injury lawyer can help you pursue a claim for both types of damages.
Special damages are those losses which can easily be quantified because there are clear numerical values based upon clear data. This would include out-of-pocket expenses incurred, such as medical bills and lost wages.
General damages are not as easy to quantify. This includes things like pain and suffering, emotional distress, loss of consortium, and other losses that are unique to the situation and not necessarily based upon numerical data.
Some situations may give rise to a claim for punitive damages. These damages are intended to punish the party responsible for the death. Punitive damages may be available when the conduct was especially wrongful or egregious.
How are damages determined?
In order to recover damages, the amounts claimed must be reasonably ascertainable. This may require a showing as to how certain amounts were arrived at. To accomplish this, it may necessitate the use of experts who can explain the damages and provide an opinion as to an appropriate value.
How can an attorney help?
A New Tampa personal injury lawyer can assess your situation to determine what types of damages may be claimed and the amount that you should expect. Our personal injury law firm in Tampa understands what needs to be shown to recover damages. Contact Mandelbaum Fitzsimmons & Hewitt to learn how we can help.