My husband was severely brain damaged in a diving accident. If he dies, is our lawsuit against the diving board manufacturer over?
No, the lawsuit is not over, but your husband would no longer be able to be a “plaintiff”. When an injured party (the plaintiff) dies as the result of negligence, the claim becomes one for “wrongful death” and is brought by the surviving spouse and/or dependents of the deceased victim. Instead of considering his damages, the focus turns to the damages of the surviving beneficiaries and dependents.
Damages available in a wrongful death suit include:
•The cost of your husband’s medical bills and funeral expenses
•The value of your husband’s anticipated lost earnings
•The values of his lost work benefits
•The value of a lost inheritance
•Your and your children’s pain and suffering caused by his injury and death
• The value of the loss of his care, protection and companionship
•Punitive damages
Depending on the jurisdiction, some of the listed damages may be barred or restricted by statute. Also, some of the listed damages may be hard to prove and considered by the court to be too speculative (uncertain or unpredictable) and thus unavailable. Punitive damages may require a higher level of proof. Consult with your personal injury lawyer about your concerns.
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