DAMAGES IN A WRONGFUL DEATH ACTION
Pecuniary Losses
Normally, damages in a negligence case are awarded to the injury victim to compensate him or her for their losses. When a person is instantly killed due to the negligence of another, it is his or her survivors who have been damaged and who are entitled to compensation. A spouse and minor children may have such a claim. They may be entitled to pecuniary damages such as the amount of money the decedent would likely have earned and contributed to the support of the family based on his or her life expectancy; the value of services the decedent would have performed in the household; and any accumulation of property which would have resulted from the decedent’s earnings.
Loss Of Society & Companionship
In addition to pecuniary losses, the law allows for the survivors of one killed by the negligence of another to recover for loss of society and companionship. Loss of society and companionship is an intangible and extremely difficult to measure in dollars and cents. How does one place a value on the loss of a child or the loss of a spouse or parent?
Factors to consider in considering the value for lost society and companionship include: whether there were shared common interests; whether life was harmonious; whether a surviving spouse remarries; the age and health of those involved; whether there was love and affection toward one another. In essence, the issue is what kind of relationship has been disrupted.
Legislative Caps
The legislature has seen fit to impose caps on awards for lost society and companionship. Currently, the maximum recovery in the case of a deceased minor is $500,000 and $350,000 in the case of deceased adults.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
