If a person dies as the result of someone else's actions, the deceased person's family or estate may decided to file a wrongful death lawsuit. Some may wonder how the courts can put a price on someone's loss, and what goes into that calculation.
Take the case of former Cincinnati Bengals receiver Chris Henry, who died in December 2009 after an argument with his fiancée. Henry jumped into the bed of a pickup truck as his fiancée was attempting to drive it away. After being thrown from the truck, he suffered serious injuries and died the next day. His estate is now suing the fiancée and her mother, who owned the pickup truck.
A wrongful death lawsuit accounts for many different factors of the person's death. A primary one is the income of the deceased person. Henry's estate's lawsuit claims the football player's children and extended family have been deprived of "the reasonably expected net income that he would have provided as a player in the National Football League." Often the age and health of the victim factor into the damage award. Henry was a 26-year-old athlete and would have otherwise had a long life ahead of him. The costs of medical, burial and funeral expenses are also usually included.
But such a lawsuit also takes the emotional toll of both the victim and survivors into account. The Henry estate lawsuit says that his fiancée ignored Henry's pleas to stop the truck, and that he likely suffered pre-impact terror and fear of impending death. Then there's the emotional harm to his family. While it's impossible for the courts to truly compensate for their loss, there are ways of calculating monetary amounts for it.
Some survivors of those who have died because of someone else's recklessness may feel unsure of how to seek compensation for their loved one's death. But all of the above factors can and should be considered. A personal injury attorney can guide you through the process, ensuring that every detail of the loss of your loved one is accounted for.
Source: WLWT.com, "Chris Henry's Fiancée Target of Wrongful Death Suit," Jan. 19, 2012
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