If you must file a wrongful death claim, your compensation may include economic and non-economic damages. Here, learn how non-economic damages are calculated.

How Non-Economic Damages Are Calculated in Wrongful Death Cases


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8/7/2017
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The reality is that no amount of money will bring back a family member who has died or erase the excruciating pain and heartache that you feel as a result of your loss. Going through the grief and moving forward with life can be even more challenging when your loved one’s death was caused by another person’s or business’ negligence. However, you may be able to file a wrongful death claim to receive compensation for your losses. In Washington, the compensation you could be entitled to includes economic and non-economic damages.

What Non-Economic Damages Could You Receive in a Wrongful Death Settlement?

Economic damages can compensate you for the financial losses that you suffered as a result of the death of your family member. They can include medical bills for his last illness, funeral and burial expenses, and the loss of future wages. Non-economic damages are less tangible. Common types of non-economic injuries you can receive compensation for include:

  • Your pain and suffering and mental anguish due to the death of your loved one
  • Loss of the care, guidance, advice, moral support, love, and affection from the deceased person
  • For a spouse or other partner, the loss of enjoyment of sexual relations with this person
  • For a child, the loss of guidance and training that the family member would have provided

How Are Non-Economic Damages Calculated?

Damages in wrongful death actions can be complicated due to the fact that many of the economic damages are for future losses. Determining the amount of non-economic damages can be even harder because there are often no tangible injuries or out-of-pocket expenses. However, there are factors that your attorney could use to help arrive at what this portion of your claim is worth:

  • His experience. An important reason to retain an experienced wrongful death attorney is that he will have experience handling many of these cases and a track record of success. He can use his knowledge of settling other claims similar to yours to determine an approximate amount of money that you should receive for your non-economic damages.
  • Your relationship with the deceased. Your personal relationship with your family member will have an impact on the amount of compensation you deserve. If you had a loving, supportive relationship with him, your loss will be greater than if you were not very close or were having marital problems.
  • Your loved one’s life expectancy. You may need to hire an actuary or other financial expert to help determine your family member’s life expectancy. This will factor into not only the amount of your economic damages but possibly also your non-economic damages.
  • Your pain and suffering. The level and duration of your pain and suffering will influence the amount of your compensation. If you suffered depression, anxiety, insomnia, or other mental health conditions that required medical or mental health treatment, this could increase your award. In addition, showing that the loss has had a lasting impact on your qualify of life can result in a larger settlement.

Do you need to file a wrongful death claim? The experienced legal team at Andrew Kim Law Firm, PLLC is here to help you obtain justice and the compensation you deserve. To schedule your free consultation, fill out our online form today.



Category: Wrongful Death

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