What Types of Compensation Can I Seek in a Wrongful Death Claim?

Posted in Wrongful Death on January 2, 2026

Wrongful death claims are legal actions families pursue when a loved one dies due to the negligence or wrongful act of another. These claims are designed to provide financial recovery for losses that result from the untimely death. If you are considering filing a wrongful death claim with a wrongful death lawyer at North Bay Legal, it is important to understand the various types of compensation you may be entitled to under the law.

Overview of Wrongful Death Claims

Wrongful death statutes vary by state, but the fundamental purpose is consistent. These laws allow the personal representative of a deceased person to seek damages on behalf of the decedent’s surviving family members or beneficiaries. Wrongful death cases can arise from automobile accidents, medical malpractice, workplace accidents, defective products, and other incidents that cause fatal injuries due to negligence or intentional acts.

In a wrongful death claim, compensation is generally divided into two broad categories: economic damages and non-economic damages. Some states may also allow punitive damages. These categories reflect the diverse types of harm suffered by surviving family members, including financial losses, emotional suffering, and the loss of love and companionship.

Economic Damages

Economic damages are financial losses that can be quantified with reasonable certainty. These damages are meant to compensate the family for measurable monetary losses resulting from the decedent’s death.

1. Loss of Income and Earning Capacity

One of the most significant components of economic damages is the loss of income the decedent would have provided. This includes wages, salaries, bonuses, benefits, and other compensation the decedent would have earned if they had lived. Calculating loss of income typically involves analyzing the decedent’s age, occupation, expected career trajectory, and life expectancy.

In some cases, future earning potential may be higher than current income, especially if the decedent was on track for promotions or had specialized skills. Legal guides explain how courts use expert testimony to estimate future earnings and apply appropriate discount rates to calculate the present value of those lost wages.

2. Medical and Funeral Expenses

Medical expenses incurred before death and funeral and burial expenses can also be recovered. Medical costs may include emergency care, surgery, hospitalization, rehabilitation, medications, and other treatments the decedent received as a result of the injury that led to death.

Funeral and burial expenses are legitimate financial losses. These costs can be substantial and add to the financial burden on grieving families. Documentation such as medical bills and funeral home invoices is essential to support these claims.

3. Loss of Benefits

The death of a family member often results in the loss of employment-related benefits, including health insurance, retirement benefits, pension plans, and contributions to savings plans. Compensation for loss of benefits ensures that the family is not left without critical financial support that the decedent would otherwise have provided.

4. Property Damage

In certain cases, the wrongful act that caused the death also resulted in damage to property. For example, a fatal automobile accident may have also destroyed the decedent’s vehicle. Property damages may be included as part of the economic damages claim, though they are often addressed separately.

Non-Economic Damages

Non-economic damages address the intangible harms that families suffer following the wrongful death of a loved one. These damages are not easily quantified in dollar terms but are recognized as real and compensable losses under the law.

1. Pain and Suffering

Some states allow recovery for the pain and suffering the decedent endured between the time of injury and death. This compensation is meant to acknowledge the physical and emotional distress the decedent experienced. Evidence such as medical records, testimony about the decedent’s condition, and expert opinions may be used to establish this element.

2. Loss of Companionship and Consortium

Loss of companionship, affection, and moral support is one of the most profound non-economic harms family members face after a wrongful death. Spouses, children, and other close relatives often experience a deep sense of loss that goes beyond financial hardship.

Many jurisdictions permit survivors to recover damages for loss of consortium, which includes the loss of intimate and supportive relationships. These damages recognize the emotional void left by the decedent’s absence and aim to provide some measure of comfort to grieving families.

3. Emotional Distress

Family members may also seek compensation for emotional distress caused by the death. Emotional distress encompasses anxiety, depression, post-traumatic stress, and other psychological impacts experienced by survivors. Supporting evidence may include testimony from family members, mental health professionals, and documentation of psychological treatment.

Punitive Damages

Punitive damages are not intended to compensate the plaintiff for losses. Instead, they are awarded in cases where the defendant’s conduct was especially harmful, reckless, or intentional. Punitive damages serve to punish the wrongdoer and deter similar conduct in the future.

Not all states allow punitive damages in wrongful death cases, and those that do often require clear and convincing evidence of egregious wrongdoing. A skilled wrongful death attorney at North Bay Legal can assess whether punitive damages are appropriate in your case.

Factors That Affect Compensation

The amount and types of compensation you can seek in a wrongful death claim depend on various factors. These include the decedent’s age, earning potential, health before the accident, and the survivor’s relationship to the decedent. Statutory limits, known as damage caps, may also restrict the amount of certain types of damages in some jurisdictions.

Another important consideration is comparative negligence. In states that follow comparative negligence rules, the compensation may be reduced if the decedent was partly at fault for the incident that led to their death. A knowledgeable wrongful death lawyer can help navigate these complex rules to maximize your recovery.

How a Wrongful Death Lawyer Can Help

Pursuing a wrongful death claim is emotionally challenging and legally complex. An experienced attorney can guide you through every step of the process, from gathering evidence and working with experts to negotiating with insurance companies and representing you in court if necessary. At North Bay Legal, we understand the sensitive nature of these cases and are committed to securing the full compensation you deserve.

If you have lost a loved one due to someone else’s negligence, contact a wrongful death lawyer today for a consultation. We can explain your rights and help you build a strong case to recover economic and non-economic damages that reflect the true value of your loss.