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Damages in a Wrongful Death Lawsuit

The Wrongful Death Act specifies what types of damages are recoverable. The same damages that would be recoverable in a personal injury lawsuit may not be recoverable in a wrongful death claim. Generally, a wrongful death claim is meant to compensate the beneficiaries for the loss of the decedent and not meant to enrich the estate. n style="mso-spacerun: yes;"> The distinction can be important. For example, usually the decedent’s pain and suffering before death is not an element of damages. However, the beneficiaries’ loss of support is recoverable. The statute allows the beneficiaries to recover the following types of damages:

a. Sorrow, mental anguish, and solace which may include loss of society, companionship, comfort, guidance, kindly offices and advice of the decedent;

b. Compensation for reasonably expected loss of income of the decedent;

c. Compensation for reasonably expected loss of services, protection, care, and assistance provided by the decedent;

d. Reasonable funeral expenses; and

e. Punitive damages may be recovered for willful or wanton conduct.