Compensation for emotional loss, also known as non-economic damages, is a key part of wrongful death claims. While it can be challenging to place a monetary value on the emotional suffering experienced by surviving family members, the legal system recognizes the profound impact of such losses and allows for compensation in various forms. It’s important to consult with a wrongful death lawyer but it can be helpful to begin with the basics. Here are some ways emotional loss may be considered in a wrongful death case:
Pain and Suffering
The emotional toll experienced by surviving family members takes on a range of intense feelings such as grief, depression, anxiety, and the enduring pain of losing a loved one. While it is challenging to attach a specific dollar amount to these experiences, the legal system acknowledges the real and lasting impact on the mental and emotional well-being of those left behind.
Loss of Consortium
Loss of consortium recognizes that the consequences of a wrongful death extend beyond economic factors. It accounts for the intangible aspects of a familial relationship, acknowledging that the loss of a loved one disrupts the very fabric of family life. This includes the companionship, guidance, and emotional support that the deceased would have provided to their family members.
Mental Anguish and Grief
Survivors may suffer profound mental anguish and grief following the death of a loved one. This aspect of emotional loss takes into account the psychological suffering, trauma, and emotional distress experienced by family members. Compensation aims to address the ongoing challenges associated with coping, healing, and adjusting to life without the presence of the deceased.
Loss of Enjoyment of Life
The quality of life for surviving family members may be significantly impacted by the absence of their loved one. This includes the loss of shared experiences, joy, and fulfillment that the deceased would have contributed to their lives. Compensation in this category recognizes the enduring impact on the day-to-day lives and overall happiness of the survivors.
Punitive Damages
Punitive damages serve a dual purpose in wrongful death cases. While compensatory damages aim to financially redress the losses suffered by the survivors, punitive damages go a step further. They are designed to punish the wrongdoer, especially in cases involving extreme negligence, recklessness, or intentional harm. Additionally, the imposition of punitive damages serves as a deterrent, discouraging similar conduct in the future.
The legal landscape regarding wrongful death claims varies across jurisdictions. Some jurisdictions may not recognize certain types of non-economic damages, and the criteria for awarding damages can differ. Additionally, the role of an experienced attorney becomes crucial in navigating these complexities, as they can provide guidance on the specific laws in the jurisdiction and build a case that effectively demonstrates the emotional losses suffered by the surviving family members.
