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The types of damages that one can go after in a wrongful death lawsuit include: (1) medical and funeral expenses; (2) loss of the victim’s expected earning between the time of death and expected retirement or death; (3) loss of benefits like pension plans, medical coverage and etc; (4) loss of inheritance; (5) damages for mental anguish or pain and suffering inflicted on the survivors; (6) loss of care, protection, nuturing, and companionship to the survivors that they would have received had the decease lived; and (7) punitive damages.

The amount of damage awarded will be up to the judge or jury depending on whether it is a court trial or a jury trial. In most cases, the trial will be separated into two phases. First part is the offer of proof and determination if the defendant is guilty of the actions alleged. If the Plaintiff obtains a verdict, in the second phrase, the court or jury considers the damage portion of the case.