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Types of Damages in a Wrongful Death Claim



Losing a loved one to the negligence, carelessness, or intentional acts of another can be incredibly devastating, overwhelming, and ridden with emotion. Some families may decide to file a wrongful death claim in order to seek compensation for the loss of their loved one and help find some closure. There are three main types of damages that may be recovered in a wrongful death claim – economic, non-economic, and punitive. In this article, we will explore what is covered under each of these categories and what you may be able to recover financially. 


Economic Damages

The first type of damages that may be recovered in a wrongful death claim is economic damages. These damages encompass the tangible, quantifiable losses that you may have incurred as a result of your loved one passing. Due to the monetary value associated with this type of damage, the amount of economic damages owed is usually determined by evidence such as invoices and receipts. Here are some of the most common types of economic damages in a wrongful death claim:

  • Medical expenses: If the decedent received any medical care related to the accident before passing, including ambulance rides, surgeries, hospital stays, medications, or doctor visits, you may be able to receive compensation for these expenses.

  • Funeral and burial costs: Funeral and burial expenses can be costly, and in filing a wrongful death claim, you may be able to recover compensation for these expenses.

  • Loss of financial support: Oftentimes, family members were previously dependent upon the individual who has passed to provide financial support. If this is the case, you may be able to recover damages for losses and expenses such as future wages, education, and mortgage payments.

  • Loss of benefits: Lastly, if the decedent had provided benefits for the family through their occupation, such as health insurance and retirement benefits, they may be awarded as economic damages.


Non-Economic Damages

The second type of damages that may be recovered in filing a wrongful death claim is non-economic damages. Unlike economic damages, these are intangible, unquantifiable losses that account for the emotional and psychological impact of the loss. Due to their intangible and unquantifiable nature, non-economic damages are difficult to put a precise monetary value on. Non-economic damages typically include:

  • Pain and suffering: Damages for pain and suffering may be awarded to compensate the deceased’s loved ones for the emotional distress and pain that they endured due to the loss. 

  • Loss of companionship: This type of non-economic damage seeks to compensate the deceased’s loved ones for the loss of comfort, support, services, and guidance.

  • Loss of consortium: While similar to “loss of companionship,” loss of consortium is a type of non-economic damage that compensates the deceased’s loved ones for the loss of the physical and intimate aspects of the relationship.


Punitive Damages

Punitive damages are the last type of damages that may be awarded in a wrongful death claim. These damages are more rare as they are used only when what the defendant did to cause death was particularly egregious or reckless. Punitive damages aren’t necessarily intended to just recover compensation but rather punish the defendant for their heartless and careless actions. 


Filing a Wrongful Death Claim

If you have lost a loved one due to negligence, you may find peace in filing a wrongful death claim to find closure and assist with financial hardships caused by the death. Every state has different laws when it comes to filing a wrongful death claim, including time limits and damage caps. Therefore, it is important that you consult with a wrongful death lawyer who practices in the state that you are filing in. Having the experience of a wrongful death lawyer on your side can help alleviate the stress of filing and ensure you receive maximum compensation for the loss of your loved one.


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