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

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

To ensure that you receive a fair truck accident settlement or verdicthowever, you have to consult with a skilled truck accident lawyer who: 1) is knowledgeablein the state and Federal rules that govern the trucking industry; and 2) hashandled wrongful death lawsuits like yours and understands the nature of fatal truckaccidents.

Filinga Wrongful Death Lawsuit After a Truck Accident

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

Courtswill award compensation for:

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

Inorder to measure the amount of compensation owed, the court takes many factorsinto 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

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

Economic Loss Factors

Aresponsible court will take the deceased’s unique characteristics intoconsideration in order to properly determine the appropriate level of financialcompensation owed to the victim’s family. The courts look to determine thefamily’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

Acourt will not only award compensation for economic loss in a wrongful death lawsuit,it will also award compensation for emotional loss. While monetary compensationcannot replace the loss of your loved one, the court will take differentfactors 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.

Contact one of our experienced truck accident attorneys at Gordon & Elias, L.L.P. to discuss your legal options.

Call toll free at 800 - 773 - 6770!