The Different Types of Damages in a Wrongful Death Lawsuit

When someone close to us passes away, it isn't just an emotional blow; it can also lead to financial hardship. There may be unpaid medical bills, funeral expenses, lost income, and other damages to consider, especially if the death was caused by someone else's negligence.



That's when a wrongful death lawsuit can help families seek compensation and justice. In this blog post, we'll discuss the different types of damages that you may be able to claim in a wrongful death lawsuit.

Economic Damages

Economic damages refer to the financial losses that the survivors of the deceased have suffered as a direct result of their wrongful death. This includes expenses such as medical bills, funeral and burial costs, lost wages, and future earnings.

These damages can be calculated with precision based on the amount of money the deceased would have earned, the cost of the medical bills, and other related expenses. These damages can be awarded to either the decedent's estate or their surviving family members.

Non-Economic Damages

Non-economic damages are less tangible but no less important. They refer to the emotional and psychological harm suffered by the surviving family members as a result of the wrongful death. These damages can include compensation for pain and suffering, loss of companionship, and emotional distress, among others. Non-economic damages can be more subjective and difficult to quantify, but they are just as valid as economic damages.

To determine these damages, courts often consider several factors. The age, circumstances, and health of the deceased before their death often play a role in the assessment. Other determinants include the nature of the relationship between the deceased and their survivors, the emotional turmoil experienced, and the deceased's expected lifespan.

In some cases, courts may employ a per diem approach, assigning an emotional "damage" value to each day from the time of death until a defined recovery period. Alternatively, a multiplier might be used, where the economic damages are multiplied by a certain factor to determine the non-economic damages.

Punitive Damages

Punitive damages are only awarded in cases where the defendant acted with malice or willfully caused the death of the deceased, exhibiting a deliberate disregard for human life. The purpose of punitive damages is two-fold: to punish the defendant for their reprehensible actions and to serve as a deterrent, discouraging similar conduct in the future.

Unlike compensatory damages, punitive damages do not aim to compensate the plaintiff for their losses but rather to set an example and send a message that such behavior will not be tolerated in society. By imposing punitive damages, the legal system seeks to uphold justice and protect the well-being of individuals and communities as a whole.

Survival Damages

Survival damages are awarded when the deceased survived for some time after the injury that ultimately led to their death. These damages cover the pain and suffering the deceased experienced before their death. Survival damages can be awarded to the decedent's estate for the benefit of their heirs or beneficiaries.

Statutory Damages

Statutory damages refer to damages that are set by law. These are typically awarded on top of any other economic or non-economic damages. Different states have different laws regarding statutory damages. Some states have a cap on the amount of damages that can be awarded, while others have no limit.

Wrongful death lawsuits can be a complex and emotional process. It's important to understand that there are different types of damages that you can claim, each of which can help compensate you for the damages you have suffered. It's important to consult with an experienced wrongful death attorney who can guide you through the process and help you fight for the compensation and justice you deserve.

For legal help that you can always count on, reach out to the team at Smith Morgan, LLP.