When a family loses a loved one due to wrongful death, the emotional and financial toll can be overwhelming. In addition to the heartbreak and grief, surviving family members may face mounting expenses and a loss of support. Understanding the different types of damages available in wrongful death cases can help ease the burden and provide the family with the compensation they deserve. One key category of damages that families should be aware of is non-economic damages. While not based on specific financial losses, these damages are crucial in wrongful death claims.
What Are Non-Economic Damages?
Non-economic damages refer to compensation for the emotional and psychological suffering caused by a loved one’s death. Unlike economic damages, which cover tangible financial losses like medical bills, funeral expenses, and lost wages, non-economic damages address more abstract forms of loss. These include emotional distress, loss of companionship, loss of guidance, and the pain and suffering endured by the survivors. Non-economic damages are designed to acknowledge the immeasurable aspects of a wrongful death, which can often be just as devastating as the financial impact.
Factors That Influence Non-Economic Damages
The amount awarded for non-economic damages in wrongful death cases depends on various factors. One of the most significant considerations is the relationship between the deceased and the surviving family members. Spouses, children, and parents of the deceased may all experience varying levels of emotional suffering. Courts will assess how the loss has affected the survivors’ lives, including their emotional well-being and the quality of their future lives without the deceased. The nature of the wrongful death and the circumstances surrounding it, such as whether the death was caused by negligence or recklessness, may also influence the amount of non-economic damages awarded.
Challenges in Quantifying Non-Economic Damages
Unlike medical bills or funeral expenses, which can be easily calculated, non-economic damages are challenging to quantify. There is no set formula for determining how much emotional distress, loss of companionship, or pain and suffering is worth. Courts often rely on the discretion of the judge or jury to assign a value based on the evidence presented in the case. This can include testimonies from family members, mental health professionals, or experts who can speak to the emotional and psychological impact of the loss. Because non-economic damages are subjective, the final amount awarded can vary significantly from one case to another.
Why It’s Important to Work With an Experienced Attorney
Given the complexity of wrongful death cases and the difficulty in quantifying non-economic damages, it’s essential to work with an experienced attorney who understands the nuances of these claims. A knowledgeable lawyer can help gather the necessary evidence, including medical records, expert testimony, and personal accounts, to strengthen the case for non-economic damages. Additionally, they can provide guidance on presenting your claim in a way that resonates with the court, increasing the likelihood of fair and just compensation.
Take Action and Protect Your Rights
If you’ve lost a loved one due to wrongful death, it’s essential to understand your rights and the types of damages you may be entitled to. Non-economic damages can provide much-needed compensation for the emotional pain and suffering you have endured. If you are ready to take the next step and want expert guidance through the personal injury claim process, contact the Law Offices of Julia Sklar at (818) 904-1597 for a free consultation. Together, we’ll work on securing the compensation that’s rightfully yours.
