Losing a loved one due to someone else’s negligence is an incredibly traumatic experience. While no amount of money can truly compensate for such a loss, pursuing a wrongful death claim can provide some financial relief and a sense of justice. Non-economic damages, in particular, play a crucial role in these claims.
Understanding Non-Economic Damages
Non-economic damages refer to compensation for the intangible losses suffered as a result of a loved one’s death. Unlike economic damages, which cover quantifiable losses such as medical bills and lost wages, non-economic damages address the emotional and psychological impact of the loss. These damages can be more challenging to calculate, but they are essential for acknowledging the full extent of the family’s suffering.
Proving Non-Economic Damages
A lawyer, like a wrongful death lawyer, knows that proving non-economic damages in a wrongful death claim requires thorough documentation and compelling evidence. Here are some critical elements involved in establishing these damages:
- Testimonies from Family Members and Friends. Personal accounts from family members, friends, and colleagues can provide insight into the emotional and psychological impact of the loss. These testimonies help illustrate the depth of the relationships and the extent of the suffering experienced by the surviving family members.
- Expert Witnesses. Psychologists, therapists, and other mental health professionals can provide expert testimony regarding the emotional and psychological effects of the loss on the surviving family members. Their professional evaluations can support claims for pain and suffering, loss of companionship, and other non-economic damages.
- Personal Records and Evidence. Diaries, letters, photos, and videos that capture the relationship between the deceased and the surviving family members can serve as powerful evidence. These personal records help convey the emotional connection and the extent of the loss.
Calculating Non-Economic Damages
Calculating non-economic damages is inherently subjective and can vary significantly from case to case. Courts often consider several factors when determining the amount of compensation, including:
- The nature and closeness of the relationship between the deceased and the surviving family members
- The age, health, and life expectancy of the deceased and the surviving family members
- The emotional and psychological impact of the loss on the surviving family members
Given the subjective nature of these damages, having experienced legal representation is crucial. Your attorney can provide invaluable guidance and advocacy throughout the process, ensuring that your claim accurately reflects the full extent of your loss.
Help During This Difficult Time
Filing for non-economic damages in a wrongful death claim is a complex but essential process. Understanding the types of non-economic damages, gathering compelling evidence, and effectively calculating the compensation can make a significant difference in the outcome of your claim. Our friends at Siegal & Richardson, LLP emphasize the importance of seeking professional legal assistance to navigate these challenges and secure the compensation you deserve. While no amount of money can replace your loved one, a successful wrongful death claim can provide financial stability and a sense of justice during a profoundly difficult time. When you are ready, speak with a compassionate lawyer for help.