Edward J. Hershewe Wrongful Death Law Blog on Lawyers.com

The amount of money plaintiffs may receive in Missouri wrongful death lawsuits varies substantially from one case to the next, as influencing factors are often unique.  

Compensatory damages—those damages intended to compensate a survivor as a result of loss in a Missouri accidental death lawsuit—include loss of income, property losses, medical expenses, pain and suffering, mental anguish, and more.  Your attorney can thoroughly explain the definition of compensatory damages.  

In establishing compensatory damages, your Missouri wrongful death attorney will present evidence that a judge or jury must consider as relevant facts about the deceased victim, such as earnings, age, health, and character.

Age is an important consideration in determining the amount of damages to be awarded for the deceased’s future earnings expectations.  For example, if your loved one died at age 70, his or her future earnings potential would be calculated at a much lower rate than that of a 25-year-old victim.    

Wrongful death law in Missouri also considers how much the person is expected to have made annually during the rest of his or her life, influenced by the person’s income and type of work at the time of death.  This amount multiplied by the expected years the deceased would likely have continued to work in his or her career before retiring results in one consideration (among many) in determining compensatory awards for damages.

The types of damages to be awarded in your Missouri wrongful death lawsuit may include punitive damages. Rather than being based on the victim’s actual injuries and costs or expected to result in the future (as is the case with compensatory damages), punitive damages are based on gross negligence or intentional wrongdoing by the defendant and the court’s desire to punish the defendant monetarily to discourage the defendant and others from ever repeating their negligent behavior.

Sometimes there may be a lack of evidence for a Missouri wrongful death lawyer to sufficiently support a plaintiff’s claim for compensatory damages.  In these cases, a court may still award nominal damages. These smaller awards allow the court to acknowledge for the record that the defendant shared in the responsibility for the accident death, even when compensatory damages are not easily justified.

Wrongful death claims calculations are complicated and can be influenced by your attorney’s use of expert witnesses, who give their opinions on the fair amount to be awarded for damages.  The rules regarding wrongful death claim calculations vary from state to state, so it is wise to seek advice from a Missouri wrongful death attorney, such as those at The Hershewe Law Firm, P.C., about a Missouri wrongful death.