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.
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