damages for a wrongful death in ScotlandIf your loved one has been lost due to a sudden accident or a fatal disease, you have our deepest sympathies. Many people are left struggling emotionally and financially after these losses, and may not know that there is relief available. If a close relative has died at work, in a car accident, or from a terminal disease, you have the right to make a claim for any financial or economic loss you have suffered as a result of negligence. 

Types of Damages Available After a Wrongful Death

Only certain family members, such as spouses, parents, children, and grandchildren, can bring a legal claim for a wrongful death. In order to prevail in these claims, survivors must show that someone’s actions (or failure to act) directly caused the death and that the negligent party could have reasonably prevented the death.

Wrongful death damages come in many forms, including:

  • Loss of earnings to date. Lost earnings in these cases are meant to be compensatory only, so they typically include a deduction of the victim's reasonable living expenses.
  • Loss of future earnings. This is generally calculated as the victim’s expected income minus living expenses until his or her projected date of retirement. It may also include loss of benefits, such as disability payments, medical coverage, or pension.
  • Loss of expectation of life. If the victim did not die instantaneously, the family can collect payment for the victim’s pain and suffering incurred between the date of injury and the date of death.
  • Expenses and outlays related to the death. This can include medical care related to the injury, funeral expenses, and other out-of-pocket costs.
  • Loss of care and protection. This is an amount to compensate survivors for the loss of protection, companionship, household help, and advice.
  • Pain and suffering. This can include any emotional difficulties or costs of therapy incurred by the family or survivors.

If your loved one was killed as a result of someone else’s negligence, we can help you get the payment you deserve for current and future losses. Call us today or fill out our enquiry form to set up your no-obligation conversation with a member of our legal team.