Types of Damages in a Utah Wrongful Death Case
The definition of a wrongful death case becomes more nuanced when the specifications of a lawsuit are fleshed out. Damages in a Utah wrongful death case must adhere to particular categories, as defined by a court of law. It depends on the nature of the death, the resulting expenses and the emotional anguish that both the victim and the family members have suffered. The amount of compensation to which you are entitled is the financial worth of the person, factoring in income, benefits and any unique services he or she provided that cannot be duplicated. These are grouped as economic damages, non-economic damages and punitive damages.
Economic damages affect both the victim and the victim’s family. In the event of a car accident that results in severe injuries, medical expenses and lost wages at work can pose serious financial consequences. With the victim’s death comes the end of any kinds of financial security he or she was providing, potentially putting the immediate family into a deep pit of debt.
Just like economic losses, non-economic damages account for the lives of both the deceased and the family of the deceased. Any sort of mental and physical suffering the deceased endured during the time between the injury and death are considered to be non-economic damages, which play a significant role in the verdict or the settlement. This type of claim is known as loss of consortium. On a larger scale, these damages are determined by the loss’s effect on the family of the deceased. The losses of care, companionship, society and love take a great emotional toll on the spouse or partner, children and parents of the deceased.
Punitive damages are granted based on the actions of the defendant. More than anything, they intend to punish the defendant for wrongdoings, ideally deterring the person or entity from ever repeating the actions that established the reason for the lawsuit. Punitive damages are awarded to the plaintiff when the actions of the defendant are deemed particularly harmful and when economic and non-economic damages do not provide enough financial coverage.
It is your lawyer’s responsibility to organize all financial records and statements to present a compelling argument to the opposing party. The appropriate amount of damages is only determined through careful and thorough investigation.