What damages are recoverable in wrongful death lawsuits?
A. Usually this is a question of state law, and state law varies: • While all states allow for recovery of some form of economic losses, the precise economic damages allowed vary state to state: • Almost all states allow damages for funeral and burial expenses and for loss of financial support from the deceased person; • Some states also allow damages for loss of prospective inheritance; • Other states allow recovery of the deceased person’s total lifetime earning capacity. • Most states allow recovery for any conscious pain and suffering experienced by the deceased, although a few states do not allow damages for conscious pain and suffering. • Many states allow non-economic damages to the surviving spouse or next of kin such as loss of society and companionship damages; and while the trend has been to allow non-economic damages in wrongful death cases, some states still do not allow the surviving family members to recover non-economic damages. Moreover, some of the states that allow r
