The Real Cost of Wrongful Death: Analyzing Economic vs. Non-Economic Damages

Understanding Wrongful Death Damages in California

The death of a loved one is one of the most difficult things a family can go through. The emotional and financial toll can be overwhelming when that loss is due to another person’s careless or wrongful conduct. Wrongful death claims are a means for surviving family members to recover for the losses they have suffered following a tragic death.

In California, wrongful death damages are divided into two main categories: economic damages and non-economic damages. Both are significant because they assist families to get back on their feet financially and emotionally from the loss.

Knowing how these damages function can assist family members in making educated choices during a hard time. 

What Are Wrongful Death Damages?

Wrongful death damages are monetary awards that are paid to surviving family members following a negligent, reckless, or intentional wrongful death accident. These damages are intended to compensate for financial losses and personal suffering.

Wrongful death can occur when: 

• Car accidents
• Motorcycle crashes
• Truck accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Dangerous property conditions

In California, the surviving family members may be able to recover damages if someone else’s actions caused the death.

To learn more about liability after a fatal accident, check out the personal injury section on the Kohan and Bablove website.

Economic Damages in a Wrongful Death Case

Economic damages are the quantifiable financial losses suffered due to a loved one’s death. These damages are also frequently the basis of a wrongful death case, as they can be determined through records, bills, and expert analysis. 

The Loss of Financial Support

A lot of families depend on the earnings of the deceased. If that income is suddenly lost, the surviving family members may find it difficult to cover their day-to-day costs.

Economic damages can include: 

• Lost wages
• Future earnings
• Bonuses and benefits
• Retirement contributions
• Health insurance benefits

These damages are often calculated based on the age, career, and earning potential of the person who died, as well as what they were expected to earn in the future. 

Funeral and Burial Expenses

The financial burden of funerals can be a heavy burden on families already dealing with grief. Damages for wrongful death can include: 

• Funeral services
• Burial costs
• Cremation expenses
• Cemetery fees
• Memorial expenses

These expenses can quickly accumulate, particularly following an unexpected death. 

Loss of Household Services

Many people contribute at home in ways other than earning money. A parent can provide care, food, clothing, shelter, and/or money for children.

Families may need to seek outside assistance to fill in those services when a loved one passes away. Economic damages can account for the value of: 

• Childcare
• Housekeeping
• Home maintenance
• Transportation
• Daily caregiving

Medical Expenses Before Death

In a few instances, the victim was given medical care before death. Medical bills can be huge as a result of emergency care, surgery, and hospital stays.

Such expenses can also be included in the damages requested in a wrongful death case. 

Non-Economic Damages in a Wrongful Death Case

Receipts and pay stubs aren’t the only way to measure losses. The emotional toll of the death of a loved one can be much worse than the monetary loss.

Non-economic damages are directed at the personal and emotional damages for surviving family members. 

Loss of Love and Companionship

Among the most important non-economic damages is the absence of a loved one in day-to-day life.

Spouses can experience a loss of emotional support and companionship. Children may lose guidance and care from a parent. Parents can lose the love and affection of their child.

These losses are personal and can have a long-lasting impact on families. 

Lack of Guidance and Support

Parents are often the source of emotional support, life lessons, and stability for children. A parent’s death due to negligence can have a profound impact on the future of a child, both emotionally and otherwise.

The value of the support, instruction, and nurture that the deceased would have provided may be considered. 

Loss of Consortium

Loss of consortium is the effect that a death has on a marriage. This may include: 

• Loss of companionship
• Loss of affection
• Loss of intimacy
• Emotional support

While these damages may be less quantifiable, they may still play a significant role in many wrongful death cases. 

How Are Wrongful Death Damages Calculated?

Each wrongful death case is unique. The amount of damages is determined by several factors, such as:

• The deceased’s age.
• Earning potential and income
• Health before the accident.
• Relationship with surviving family members 
• Number of dependents
• Circumstances of the accident

Insurers will attempt to minimize their payouts by challenging the value of emotional damages or future earnings. This is why families need to have experienced legal professionals who know how to establish strong claims. 

The car accident resources that are available on the Kohan and Bablove website can help families who are facing fatal car accidents.

Why Non-Economic Damages Matter

Some people think that the monetary damages are the most significant aspect of a wrongful death case. But many times, the non-economic damages are what truly represent the loss.

Over time, a paycheck can be replaced. A parent, spouse, or child cannot be replaced.

Survivors of a wrongful death can suffer emotional distress for decades. The changes in life due to depression, anxiety, emotional trauma, and family instability can affect all aspects of life.

California law acknowledges that these losses are entitled to a remedy, although they cannot be quantified.

What is the Importance of Legal Guidance?

Wrongful death cases can get complicated very easily. More than one member of the family may be involved, and insurance companies are likely to resist large settlements.

An experienced wrongful death attorney can: 

• Investigate the accident
• Gather evidence
• Work with financial experts
• Calculate long-term losses
• Discuss with insurance firms
• Advocate for families in court as necessary

With the assistance of a legal professional, families can concentrate on the healing process while their lawyer takes care of the legal procedure. 

Final Thoughts

A family’s life is impacted in every way when a loved one dies. Wrongful death damages are intended to assist surviving family members in rebuilding financially and emotionally following a tragic loss.

Economic damages are used to compensate for actual financial losses such as income, funeral costs, and services for the household. Non-economic damages acknowledge the emotional suffering of the loss of love, companionship, and support.

These damages, combined, are intended to help families get back on their feet.

The compassionate attorneys at Kohan and Bablove can guide you through your rights and options for obtaining the compensation you deserve if your family member died as a result of another party’s negligence. Contact Kohan and Bablove today to get a free consultation and compassionate legal advice.