How does a court calculate loss of comfort, sorrow, mental anguish and solace in a wrongful death claim? | Shapiro, Washburn & Sharp

When someone you love dies in a serious accident, it is never possible to fully replace the loss. However, our justice system tries to provide some semblance of justice through a wrongful death suit. A successful wrongful death case tries to make amends for the loss by awarding an amount of money that is “fair and just.” It is virtually impossible to precisely calculate how much sorrow or mental anguish a survivor experiences. The facts of each case will influence the amount that is determined to be fair and just. For example, the nature of the relationship in the family is taken into account. In addition, the length of marriage and the kinds of love, help and support your spouse gave you are important considerations.