In a wrongful death lawsuit, the focus is often on the recovery of economic damages. The sudden loss of a family member can cause profound financial setbacks for survivors. Plaintiffs have the right to seek economic damages for losses, including the future earning potential of the person who died.
There are also non-economic losses that can have practical and financial implications. The law allows plaintiffs pursuing wrongful death litigation to request non-economic damages in addition to financial or economic damages.
What types of damages are available under state law?
Grief is not compensable, but other things are
The rules for non-economic damages, as established by jury instructions, court rulings and state statutes, do not allow surviving family members to request non-economic damages for their grief or emotional suffering. Instead, the state focuses on other, more practical non-economic consequences.
Surviving spouses can request compensation for the loss of consortium, which is the loss of a spouse’s companionship, support and intimacy. Surviving children can often request non-economic damages for their loss of parental guidance. The tragedy deprives them of decades of moral support, nurturing, financial support and education.
The courts also consider the loss of the deceased party’s household services as a form of non-economic damages. Unpaid labor, ranging from lawn maintenance to cooking, can add to the total damages sought in the lawsuit.
Determining what damages are available in calculating an appropriate amount of compensation to request can be challenging for those seeking justice after the loss of a family member. Reviewing the impact of a recent tragedy with a lawyer can help families prepare for a wrongful death lawsuit that includes non-economic damages.