Wrongful death lawsuits aim to compensate the surviving family for their tragic loss. Courts calculate damages to provide fair compensation for both the financial and emotional toll of a loved one’s death. These damages typically fall into two categories: economic and non-economic.
Understanding economic damages
Economic damages cover the financial losses that result from a wrongful death. Courts consider factors like the deceased’s income, benefits, and future earning potential. They also include the cost of medical expenses incurred before death, funeral costs, and the value of household services the deceased provided.
To determine these amounts, courts rely on evidence such as pay stubs, tax returns, and expert testimony from economists. For instance, an economist might calculate the deceased’s potential earnings based on their age, career trajectory, and life expectancy. This ensures the family receives compensation that reflects the true financial loss.
Evaluating non-economic damages
Non-economic damages address the emotional and intangible losses that result from the death of a loved one. These damages include compensation for the family’s pain and suffering, loss of companionship, and loss of guidance or parental support.
Because non-economic losses are subjective, courts use various methods to assign a monetary value. Some courts apply a “multiplier” method, where they multiply the economic damages by a specific number to calculate non-economic damages. Others use a “per diem” method, assigning a daily monetary value to the emotional suffering endured over time.
Factors that influence damage calculations
Several factors affect how courts calculate damages. These include the deceased’s age, health, and contributions to the family. The surviving family’s relationship with the deceased also plays a role. Courts strive to balance objective data with the unique circumstances of each case to determine fair compensation.
Understanding how courts calculate damages helps families navigate wrongful death claims and secure justice for their loss.