This is the next article in my series on the handling of wrongful death cases which stem from semi-truck wrecks in our state. My last article discussed comparative fault in wrongful-death matters stemming from a trucking accident. The surviving family members may still be able to recover damages even if the deceased was partially at fault. Issues of comparative fault can quickly become complicated and it is important to have the assistance of an experienced attorney. In this article I will be discussing how damages are calculated in such a case. If you require assistance then contact my office today to speak with a personal injury lawyer.
Surviving Peoria family members are entitled to economic & non-economic damages after a wrongful death
When a loved one passes away in Illinois then the surviving family members may designate a personal representative and file a lawsuit. Damages in such a matter are typically divided into “economic” and “non-economic” amounts. Economic damages are those which involve financial losses and have an easily quantifiable amount. These typically include past and future lost earnings, past and future medical expenses, and other incidental costs which carry a set dollar amount. Non-economic damages involve pain and suffering, mental anguish, etc. These types of damages carry a much more subjective value. Should a case go to trial, it is up to the jury to decide the amounts for each of these types of damages.
Consider the following example. John Doe is lost to a Peoria trucking accident in which the truck driver was entirely at fault. Between the time of the accident, and the unfortunate passing, John is in the hospital life support for one week and is in immense pain. It is expected that John would have continued in his career for another twenty years at an average salary of $50,000 per year. Medical expenses for care and the hospital stay total $100,000. With John gone, his wife must now re-enter the workforce and will need to pay $20,000 per year for child care for at least five years. Based on the foregoing, she requests the following from the jury at trial:
- $1,000,000 for John’s lost wages (20 years * $50,000)
- $100,000 for medical expenses
- $100,000 for child care (5 years * $20,000)
- $1,000,000 for pain, suffering, and the loss of companionship
The defendant(s) would be free to argue that the damages should be less. They can, for example, argue that John’s lost wages would have been less. The final amount which will be awarded is up to the jury.
In rare cases it may also be possible to obtain punitive damages. The type of compensation described above are considered “compensatory” damages. They are meant to compensate one for their losses. Punitive awards, by contrast, are meant to punish the defendant. Such damages will not be awarded in common negligence cases. Punitive damages are possible in cases where the defendant(s) showed blatant disregard for public safety. In the context of a trucking accident, this could include, for example, a company knowingly employing a driver with a known history of drug use. Your attorney will give you an honest assessment of whether punitive damages are possible in your case. Again, it must be remembered that such awards are rare.
Your attorney will likely utilize expert witnesses to prove damages
It will likely be necessary for your attorney to utilize the services of expert witnesses in order to fully prove damages. The rules of evidence do not allow a layperson to testify in regard to events which may occur in the future. As a result, counsel will likely retain the services of either a vocational expert or an economist to testify as to what the financial impact of the loss is. Such experts will prepare a report and testify in trial if necessary. The defendant(s) will have the opportunity to retain their own experts who will offer competing opinions. The amount of credence to be paid to either opinion, if any at all, will be up to the jury.
If you have lost a loved one to a trucking accident then contact my office today to speak with a Peoria wrongful death lawyer. My firm is devoted to protecting the rights of individuals and we will give your case the attention it deserves. We will promptly respond to messages and will make ourselves available to answer any questions you may have. Contact us online or by telephone to schedule an initial consultation. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
