Compensation in wrongful death claims is determined on a case-by-case basis and depends on the deceased person’s income, age, earning potential, whether they had dependents and how much those dependents relied on their income for support, the nature of the incident and the degree of the surviving family members’ emotional losses.

In a successful wrongful death claim, the family will receive various forms of compensation. They’ll be reimbursed for financial losses resulting from the individual’s death, such as medical expenses, funeral costs, loss of income and loss of their family’s future financial support, as well as non-economic damages – including pain and suffering, loss of companionship, emotional distress and loss of guidance and support.

Punitive damages may also be awarded to punish the responsible party if their actions were malicious or are deemed to be gross negligence. Punitive damages should not be confused with criminal charges and are only available in civil cases, not criminal cases.

In certain situations, the responsible party of a wrongful death case could face criminal charges, such as manslaughter or murder, which will be an entirely separate legal proceeding.