My husband was killed in a car wreck in Tennessee. He earned about $40,000 per year. We have three children, two under the age of 18. What damages are we entitled to receive from the person who caused the wreck?
These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.
In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. Each of these types of damages are included in the definition of the “pecuniary value of life.”
The loss of earning capacity claim can also take into account the value of your late husband’s household services.
In the event the death was caused by reckless or intentional misconduct, you may also seek punitive damages.
The exact amount of the damages that may be recovered is dependent on the facts of the case. An experienced personal injury lawyer can help you evaluate the damages after conducting a through investigation of each of the factors listed above.