Types of Compensation a Family Can Receive for a Truck Accident Death

Losing a family member in a truck accident can be devastating, especially when the accident was due to someone else’s negligence. When this happens the victim’s family deserves compensation for their loss.

To ensure that you receive a fair truck accident settlement or verdict however, you have to consult with a skilled truck accident lawyer who: 1) is knowledgeable in the state and Federal rules that govern the trucking industry; and 2) has handled wrongful death lawsuits like yours and understands the nature of fatal truck accidents.

Filing a Wrongful Death Lawsuit After a Truck Accident

Courts have very few remedies at their disposal to award to a family that has lost a loved one in a truck accident. The main remedy the courts use to measure the proper compensation for the financial loss the family has suffered is pecuniary – or economic – damages.

Courts will award compensation for:

• Pain and suffering
• Lost future earning capacity
• Medical and funeral expenses
• Loss of companionship (consortium)

In order to measure the amount of compensation owed, the court takes many factors into consideration. The initial factors the court will consider will be:

• How much money the deceased earned
• How financially independent the survivors ara
• How much money the deceased saved

Beyond that, the court will also look at the funeral and medical expenses. The focus of a wrongful death lawsuit is to compensate the surviving family. Punitive damages will not be considered unless punishing the responsible parties is determined to be necessary.

Economic Loss Factors

A responsible court will take the deceased’s unique characteristics into consideration in order to properly determine the appropriate level of financial compensation owed to the victim’s family. The courts look to determine the family’s financial dependence on the deceased and in doing so will consider:

• The deceased’s earning potential
• The deceased’s Life expectancy
• The deceased’s Assets
• The deceased’s Health at the time of his or her death

Emotional Loss Factors

A court will not only award compensation for economic loss in a wrongful death lawsuit, it will also award compensation for emotional loss. While monetary compensation cannot replace the loss of your loved one, the court will take different factors into consideration when reaching a verdict such as:

• Companionship (consortium)
• Affection
• Parental influence

How a Truck Accident Lawyer Can Help

An experienced truck accident attorney will be familiar with all of the elements of a successful wrongful death lawsuit and will gather the evidence, accident reconstruction experts and witness testimony needed to build a winning case.