Minneapolis personal injury lawyer Jim Carey discusses the different types of damages that are recoverable in a wrongful death lawsuit.
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What kinds of damages can be recovered in a wrongful death action? In a wrongful death action, there is a specific instruction that the jury is given on how to measure damages, and if you lose a loved one the loss of that loved one is invaluable. I mean tens of millions of dollars isn’t going to compensate you for the loss of someone who was important in your life. So what the law does is it gives a jury an instruction and says that you can compensate the heirs for the loss of aid, comfort, society, and companionship of the person who is deceased. Now, very often that’s dependent on testimony. How much time did you spend with them? What did they mean to you? How much did you look to them for advice? And I think more importantly is what’s missing now. What’s your life like in the vacuum that’s created by the person who’s left you? Why do you miss them and how do you miss them and in what meaningful ways are they not contributing to your life that they used to? So those kinds of things are all proper evidence to put in front of a jury in determining what’s fair for the heirs.