Damages in a Wrongful Death Case

Rob McKinney

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What can a family recover for the tragic loss of a loved one in a wrongful death case ? Tennessee Code Annotated Section 20-5-113 sets the type of damages a famliy can recover in these types of cases .

There are several types of damages one can recover in a wrongful death action . First , you can be awarded the mental and physical suffering actually endured by the injured party between the injury and death. Medical and funeral expenses can also be recovered. The most important area of damages is the pecuniary value of the deceased. By this, I mean the economic loss suffered by the loss of the deceased. It is determined by several factors. The age, life expectancy, and health of the deceased are to be considered . The major factor is the decedent's earning capacity. This is usually proved by expert testimony. Loss of consortium can also be considered . I will discuss loss of consortium claim in the future.