If you have questions regarding eligible damages in West Palm Beach survival action cases, do not hesitate to reach out to a professional injury attorney who can offer you their assistance today. A skilled lawyer can help teach you about what types of damages one can recover compensation for in a survival action, and how your individual circumstances fit into these categories. Read on to learn more about how the different damages in West Palm Beach survival action cases could affect your potential to receive compensation today.
Examples of Damages in West Palm Beach Survival Action Cases
The types of damages available in a survival action are typically the same as those that are available in any personal injury action. One could make a claim for past lost wages, future lost wages (assuming they exist), past medical expenses, future medical expenses, and any pain and suffering that the decedent suffered prior to their death.
In terms of the damages mentioned, past lost wages and future lost wages, as well as past medical bills and future medical bills, are economic. In a survival action, there will not be an ability to claim future wages or future medical expenses because the individual passed away. While those would be recoverable in a typical personal injury action, when someone passes away, surviving family members lose the ability to recover their future damages. Wages and medical bills are economic losses.
Funeral costs are also recoverable economic damages. The cost of one’s funeral will depend on the extent that somebody wants to honor their loved one or can afford to honor their loved one. Funerals can be in the low thousands up to tens of thousands of dollars depending on what type of funeral someone chooses based on the past desires of the deceased and their religious affiliation. Examples of recoverable funeral costs could include one’s service, burial, cremation, and headstone expenses.
Non-economic losses include the pain and suffering that one would suffer prior to death and the loss of their enjoyment of life prior to one’s death. Pain is a very difficult thing to calculate, but if as a loved one someone witnessed that suffering, that takes a toll on them as well. An example is if the person is the surviving spouse and the decedent prior to death was suffering tremendously and that had an effect on their relationship. They would also have a claim for damages there.
In terms of punitive damages, those are damages that are awarded to punish the wrongdoer and hopefully prevent others from committing their acts of recklessness. If they were intoxicated at the time that they caused a crash or something along those lines, then one could move for an award of punitive damages, which are different from compensatory damages that encompass the economic and non-economic damages.
Medical Bills That Accompany Survival Actions
A survival action is an action in which somebody suffered injuries as a result of a loss and, presumably, they have sought medical treatment for their injuries. The individual bringing the claim on behalf of the deceased would have the ability to recover the losses suffered by the decedent prior to death, and that would include medical bills. Medical bills fall under the economic damages component.
Evidence Used to Calculate Damages
Medical records, medical bills, employment information, and tax returns are necessary evidence used to calculate damages. When dealing with a potential damage aspect, then the evidence depends on the circumstances. If somebody was texting while driving, a skilled injury attorney would search the defendant’s phone records. If somebody was intoxicated, a lawyer would try to investigate where they were drinking beforehand and how much they had to drink to help prove their liability.
If you require assistance in calculating damages in West Palm Beach survival action cases, reach out to a weathered injury attorney today to schedule your initial consultation.