3 Types of Damages and Losses in Wrongful Death Claims

Have you ever wondered what happens when justice clashes with tragedy? In wrongful death claims, where lives are irrevocably altered by negligence or misconduct, seeking compensation for the immeasurable loss can become an arduous journey.



The legal system attempts to bring solace and restitution to grieving families by recognizing the types of damages and losses in wrongful death claims. This blog post aims to uncover the complexities and intricacies that lie within each type of damage and how they are evaluated to determine the amount of compensation to expect.

1. Economic Damages

Economic damages, also referred to as pecuniary losses, are tangible, out-of-pocket expenses that can be calculated and validated with relative precision. These damages encompass a range of financial burdens that the decedent's family has to bear due to the unexpected death.

For instance, medical bills related to the decedent's injury or disease, funeral expenses, and loss of the decedent's anticipated earnings, benefits, or inheritance fall under this category. The calculation of these damages is generally straightforward, relying on hospital bills and wage slips.

However, complications can arise when estimating future economic losses, such as the decedent's projected income or benefits. Actuarial tables and expert testimony are helpful in calculating these figures, factoring in the decedent's age, health, life expectancy, skills, and earning potential at the time of death.

Careful consideration is given to the decedent's prospective financial contributions to the family, which could span decades if the decedent was relatively young or in good health. As such, these economic damages can run into substantial sums, reflecting the significant financial impact of the loss.

2. Non-Economic Damages

Non-economic damages are crucial to a wrongful death claim, although they're often more challenging to quantify than economic damages. These damages account for the non-financial, intangible losses the survivors of the decedent incur, aiming to compensate for the emotional suffering, pain, and loss of companionship.

Non-economic damages do not have a specific dollar value, and their calculation is subjective, often left to the discretion of a jury or a judge.

In wrongful death cases, non-economic damages can involve several elements. One of the most significant is the loss of companionship, love, and emotional support that the decedent would have provided to their family. Other non-economic damages include mental anguish, loss of consortium, and loss of parental guidance and oversight for surviving children.

Evaluating these damages can be a complex process that considers factors such as the nature of the relationship between the decedent and the claimant, the magnitude of the claimant's loss, and the amount of emotional distress experienced.

While these damages are inherently subjective, they are incredibly meaningful and necessary in acknowledging the full scope of the loss endured by the decedent's loved ones.

3. Punitive Damages

Punitive damages, also known as exemplary damages, serve a unique purpose in wrongful death claims distinct from economic and non-economic damages. Instead of aiming to compensate the decedent's family for their losses, punitive damages are designed to punish the defendant for their gross negligence or intentional misconduct and to deter similar behavior in the future.

These damages are awarded in addition to compensatory damages when the defendant's conduct is found to be particularly reckless or malicious.

Courts typically look at the nature of the defendant's conduct to determine whether punitive damages are appropriate. The aim is to establish whether such conduct is outrageous or intolerable in a civilized society and if the defendant acted with a conscious disregard for the rights of others.

The amount of punitive damages awarded often reflects the severity of the defendant's misconduct, and it can be several times larger than the amount of compensatory damages. However, keep in mind that not all states permit punitive damages in wrongful death cases, and in some states, there are caps or limits on the amount that can be awarded

While no amount of compensation can ever fully make up for the loss of a loved one, pursuing a wrongful death claim can provide some measure of justice and closure for the surviving family members. If you have lost a loved one due to the negligence or wrongdoing of another person, contact Wingfield, Ginsburg & Lipp, PC, to understand your legal options.