What damages can be awarded in a wrongful death claim?

  • The damages that can be awarded in a wrongful death claim can vary slightly depending on who brings the claim. 
  • The spouse of the deceased can seek economic damages for the financial support and the replacement value of services that the deceased furnished or could have been expected to furnish; and noneconomic damages such as the mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, attention, advice or counsel the surviving spouse has experienced or probably will experience in the future. 
  • A parent of a deceased child can seek economic damages for the financial benefits a parent reasonably would have been expected to receive from the deceased child; and noneconomic damages such as the mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention, advice, counsel or guidance, a parent has experienced or probably will experience in the future. 
  • A child of a deceased parent can seek economic damages for the financial support and the replacement value of services that the deceased furnished or probably would have been expected to furnish; and noneconomic damages such as the mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, attention, advice, counsel, training, guidance or education which the child has experienced or probably will experience in the future.
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