Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. Families not only endure emotional pain but often face significant financial hardships as well. In Honolulu, wrongful death claims allow surviving family members to seek compensation for their losses. While no amount of money can replace a loved one, recovering damages can help ease financial burdens and provide a sense of justice.
A Honolulu wrongful death lawyer can help guide families through the legal process, ensuring they receive the compensation they deserve. This article will break down the different types of damages available in a wrongful death lawsuit, including medical expenses, lost income, funeral costs, and emotional suffering.
Types of Damages in a Honolulu Wrongful Death Claim
Wrongful death claims aim to compensate survivors for both economic and non-economic losses. In some cases, punitive damages may also be awarded. Below is a breakdown of the different types of compensation available.
1. Medical Expenses
Before a wrongful death occurs, the victim may have received medical treatment for injuries or illnesses caused by the at-fault party. The costs of these treatments can be overwhelming for the family. Recoverable medical expenses may include:
- Emergency room visits
- Hospital stays
- Surgeries
- Medication and medical equipment
- Hospice or end-of-life care
Any medical costs incurred between the time of the injury and the victim’s passing can be claimed in a wrongful death lawsuit.
2. Funeral and Burial Costs
Funeral and burial expenses can be costly, often placing an unexpected financial strain on grieving families. A wrongful death claim can include compensation for:
- Funeral home services
- Cremation or burial expenses
- Casket or urn costs
- Transportation for the body
- Headstone or grave marker
By recovering these costs, families can ensure their loved one receives a dignified farewell without added financial stress.
3. Lost Income and Financial Support
When a primary wage earner passes away, their family may struggle to meet financial obligations. Wrongful death compensation can cover:
- Lost wages the deceased would have earned
- Future income the deceased would have provided
- Lost benefits, such as health insurance and retirement contributions
Courts consider factors such as the victim’s age, occupation, and earning potential when calculating lost income damages.
4. Loss of Consortium and Companionship
The loss of a loved one goes beyond financial impact—it deeply affects relationships. Surviving spouses, children, and parents may seek damages for:
- Loss of companionship, love, and affection
- Loss of parental guidance and support
- Emotional distress from the absence of the deceased
These damages acknowledge the non-economic suffering that families endure after a wrongful death.
5. Pain and Suffering of the Deceased
If the victim experienced pain and suffering before passing, their estate may be entitled to compensation. This is known as a survival action, which allows the family to recover damages for:
- Physical pain endured by the deceased
- Emotional distress suffered before death
- Loss of enjoyment of life during their final days
The length of time the victim survived after the accident can impact the amount of compensation awarded.
6. Punitive Damages
In cases where the wrongful death was caused by egregious negligence or intentional misconduct, the court may award punitive damages. These damages are not meant to compensate the family but to punish the wrongdoer and deter similar behavior in the future. Examples of cases where punitive damages may apply include:
- Drunk driving accidents
- Intentional violence leading to death
- Gross medical negligence
Who Can Recover Damages in a Wrongful Death Claim?
Under Hawaii law, the following individuals may be eligible to seek compensation:
- The deceased’s spouse or children
- Parents of the deceased
- Dependents or beneficiaries of the deceased’s estate
Each case is unique, and the amount of damages recoverable depends on various factors, including the relationship to the deceased and the financial and emotional impact of the loss.
Wrongful death lawsuits help grieving families recover compensation for medical expenses, funeral costs, lost income, and emotional suffering. While money can never replace a loved one, it can provide financial stability and hold negligent parties accountable.
If you have lost a loved one due to someone else’s negligence in Honolulu, seeking legal guidance can ensure you receive the justice and compensation you deserve.
