Don't Forget To Ask For These Damages In Your Wrongful Death Case

Posted on: 7 June 2017


When your loved one dies because of someone else's negligence, there are a number of well-known damages you can sue for, such as medical bills, funeral costs, and loss of income. However, there are also some lesser known losses you can be awarded as long as you remember to ask for them. Here are two that may apply to your case.

Loss of Caretaker Benefits

You may think the amount of compensation you can collect may be limited if the person who passed away didn't work outside the home. However, that's not necessarily true if the person performed a caretaker role. While stay-at-home parents and those that take care of elderly relatives don't earn an income per se, their role still provides the family with some financial benefits that were lost when the person died.

For example, a stay-at-home parent who took care of the children saved the family thousands of dollars in child care fees; a cost the family will now incur because the primary caretaker is no longer around. Likewise, someone caring for an elderly parent will have to be replaced by an in-home nurse.

Consider the role your loved one fulfilled in the home and calculate the cost associated with hiring people or obtaining services (e.g. housekeeping) to take over in their absence. Be aware the court will likely limit the award to a specific period of time (e.g. awarded money for a year's worth of daycare services), but it may be enough to mitigate some of the financial burden until you can come up with a better solution.

Loss of Employment Benefits

If the person who passed away did work outside the home, you'll typically be awarded money for the loss of income you sustain as a result of the person's death. In many cases, though, the person had other benefits as an employee that you may lose because he or she died.

For example, you will typically lose any health insurance benefits your loved one had access to. Therefore, you should ask for money to purchase replacement insurance. Other benefits you may be entitled to include pensions, Social Security benefits, retirement benefits, and performance bonuses. Consult with your loved one's employer to determine which benefits he or she was eligible for and include those in your lawsuit.

For get more information about these and other damages you may be entitled to, contact a personal injury attorney.