Non-Economic Losses You May Claim In A Wrongful Death Case
Economic losses form a significant part of most wrongful death cases. However, you should also maximize your recovery for non-economic losses to maximize your overall compensation. Below are some non-economic losses to include in your claim.
Pain and Suffering
Pain and suffering damages compensate you for both physical and mental pain. Pain and suffering damages are available for both the deceased and the survivors.
For the Deceased
The deceased's pain and suffering damages are available if the death wasn't instantaneous. For example, you may collect pain and suffering damages for a loved one who passed on three months after the accident.
Maybe the loved one had internal injuries, had to bear intrusive treatments, and felt depressed due to their helplessness. The decadent's estate deserves the pain and suffering compensation for all these and more.
For the Survivors
You might not feel the physical pain like your dearly departed, but you will feel mental pain and anguish. Although people feel pain and suffering in different ways, your mental pain and suffering depend on:
- How long your loved one lived after the accident
- The visibility of the injuries your loved one suffered
- Whether you witnessed the accident
For example, you might feel more mental anguish if you witness your child's accident than if the accident occurs in your absence. You deserve compensation for your pain and suffering.
Loss of Consortium
Loss of consortium refers to the nonmonetary benefits you used to receive from your loved one, but you can no longer get because of the wrongful death. Traditionally, the law only allowed surviving spouses and domestic partners to claim loss of consortium, and some states still stick to that rule. However, some states also allow children and parents to collect the damages.
Examples of loss of consortium include the loss of:
- Sexual relations, which you can claim if you lose a spouse
- Love and companionship that your loved one used to provide
- Care and protection, especially if you can prove that you enjoyed the same while your loved one lived
- Loss of advice and guidance that the deceased provided to your loved one
Some of these losses are not automatic. The strength of your relationship with the deceased, which you may need to prove, determines how much compensation you get for the loss of consortium.
Hopefully, the above tips will help you get the compensation you deserve for your losses. Contact a wrongful death lawyer to help you prove your case and claim your damages. For more information, contact a company like Siben & Siben LLP.