Are wrongful death damages different from compensatory damages?
Yes, wrongful death damages are different from compensatory damages. Wrongful death damages are intended to provide monetary compensation for the loved ones who have lost a family member due to someone’s negligence or wrongful act. This monetary compensation is intended to make up for the loss of income, services, and companionship that the deceased family member provided. Compensatory damages, on the other hand, are intended to provide monetary compensation for the actual direct losses that a victim has endured due to someone’s negligence or wrongful act. This compensation can be meant to cover medical bills, lost wages, property damage, or emotional distress. In New York, wrongful death damages are generally awarded to those close to the deceased person who can prove that they have suffered economic or non-economic losses due to the death of their relative. Compensatory damages, on the other hand, are awarded to the victim themselves or their surviving family members in order to reimburse them for direct or indirect losses incurred due to the wrongful act. Therefore, although both forms of damages are intended to compensate someone for their losses, they each serve slightly different purposes. Wrongful death damages are meant to provide financial support and solace to the loved ones of the victim, while compensatory damages are awarded to the victim or their family to cover specific losses incurred due to the wrongful act.
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