Common damages in a wrongful death lawsuit | Bart Durham Injury Law

Common damages in a wrongful death lawsuit

Wrongful death lawsuits are common in Tennessee for various reasons, but almost all of them have common damages sought by the plaintiff. Whether its products liability, manufacturer negligence, defective products, improper safety inspections or defective product design, wrongful death lawsuits seek to obtain the fairest compensation possible for plaintiffs and their families.

The most common type of damages sought in a wrongful death lawsuit is financial in nature. Financial damages have been interpreted in the past as loss of support, loss of inheritance, funeral expenses, services and medical expenses. Almost all damage awards issued in wrongful death cases will include interest on the payment dating back to the date of the victim's death.

If financial damages are sought by the plaintiff in a wrongful death lawsuit, the court will typically take into account the age of the deceased, the earning capacity of the deceased, the character and condition of the deceased, the life expectancy of the deceased and the health condition of the deceased. The circumstances of the distributees should also be assessed. Two of the most common things looked at when someone passes due to wrongful death is if he or she had dependent children and the loss of income.

The jury is responsible for determining the size of the financial award in a wrongful death lawsuit in Tennessee, but it is not the final word. The amount of the award can be changed, either positively or negatively, by the court, depending on various issues. One issue could be the inability of the plaintiff to provide evidence of the deceased's earnings. This could lead to setting the award aside and starting a new trial.

Punitive damages can also be issued in a wrongful death case. They are done so to punish a person or company in a case that saw malicious wrongdoing. Punitive damages are used as a deterrent for others from behaving in the same manner as the defendant in the case.

Visit our site today to learn more about wrongful death cases and the damages you can seek in Nashville, Tennessee.

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