Wrongful Death Claims | Law Firms In Madison WI
What Kind Of Damages Do Law Firms In Madison WI See Awarded In Wrongful Death Suits?
Wrongful death claims by law firms in Madison, WI are unique in that they are always made on behalf of someone else. The suits are dependent on someone’s death. The premise for them is that that someone died as a direct result of someone else’s negligence or through willful harm.
Wrongful death suits are brought for a variety of reasons. Sometimes, there is clear negligence on the part of the defendant and cases are brought to prevent similar tragedies from happening again. At other times, families suffer severe financial hardship as a result of the death and suits are brought in an attempt to help offset the financial struggles.
Damages Awarded In Wrongful Death Suits
Damages in wrongful death suits fall into two broad categories: Pecuniary and Punitive.
- Pecuniary damages are financial. They are an attempt to put a financial value on a person’s life. These damages are awarded more frequently than punitive damages. These damages cover the financial losses brought on by the person’s death. They can include much more than simply medical or funeral costs, often covering the loss of income that was provided by the deceased and emotional losses. They are commonly awarded in cases where a family member has died as a result of someone else’s actions.
Pecuniary damages cover many things such as:
- The pain and suffering of the deceased prior to death and that of his/her dependents
- Medical costs
- Funeral and burial costs
- Loss of deceased’s income
- Loss of inheritance
- Loss of the value of services provided by the deceased
- Loss of care, guidance, love, and companionship
- Loss of consortium
- Punitive damages are considered punishment for the defendant, not compensation for the victim’s family. They are usually only awarded if the death resulted from a willful act or wrong and are intended to deter the defendant from acting in a similar manner in the future.
How Damages Are Awarded
There are many things that influence how damages are awarded. The courts look at information about the health, age, work history, and life circumstances of the deceased. Law firms in Madison, WI may present testimony from expert witnesses who provide their opinion on the needs of the deceased’s dependents. All of this information is used to determine the financial worth of the deceased and award damages.
Who Can Apply For Damages?
Wrongful death claims are typically brought by close family members of the deceased such as spouses, parents, children and representatives of the deceased’s estate.
Law Firms In Madison, WI Can Help You Claim Wrongful Death Damages
If you have lost a loved one due to another’s negligence or actions, you may be able to bring a wrongful death claim. Contact Eisenberg Law Offices to meet with an attorney to discuss the situation in a free and confidential setting. We can help you try to make sense of the situation and explain your options to you. Free case consultations are available by calling us at 608-256-8356.