Damages in a wrongful death case are often quite different than in a typical personal injury case.  In a traditional personal injury case, the plaintiff is usually personally physically and economically damaged.  Of course, in a wrongful death case, the person directly physically injured is regrettably, deceased.  If the deceased suffered pain from the time of his/her injury and the death, an award for suffering is proper.  However, damages for grief or bereavement are not recoverable.   Thus, the plaintiff(s) (such as a surviving spouse, child, or parent of the deceased) must be able to articulate some of the following:

1.  What hardships have you suffered due to the loved one's death?;

a.  What are the financial hardships (such as loss of income, medical expenses, funeral expenses, household services, etc....?)

b.  What are the non-economic losses--such as the deceased companionship, instruction/guidance (especially if a parent), the impact of the loved one's death on family activities/traditions?

If you live in the Missouri or Illinois and have lost a family member and want to investigate the potential of a wrongful death lawsuit, call my office at (314) 872-2120 or 1-800-431-3212 to get professional guidance.