First Principles of Business Law

3. Compensatory damages for wrongful death

3.2.2. Calculating damages for wrongful death

Read the facts below and then answer the question.

A, a woman aged 25, marries B, a man aged 30. B earns $100,000 per year as a sales manager. A is not employed and depends on B's income. A suffers from a nervous disease and depends on B to help her with many of her day-to-day tasks such as shopping and getting to her doctor. One year after their marriage, B is killed in a road accident which is due to C's negligent driving. A sues C for damages. She claims damages for loss of financial support and loss of the other services that B provided.

Which of the alternatives below most accurately reflects current law?

(a) A is entitled to claim damages for loss of financial support to the full extent of B's earnings at the time of his death, calculated over the period of A's expected life. But A's prospects of remarriage must be taken into account and she is not entitled to damages for the loss of other services.

(b) A is entitled to claim damages for loss of financial support but only to the extent of her own actual loss, and only for the period during which she could reasonably have expected to benefit. A is also entitled to damages for the loss of other services. A's prospects of remarriage are not relevant.