In wrongful death claims, determining compensation for non-economic damages can be complex. Non-economic damages refer to losses that don’t have a direct financial cost but affect the lives of the survivors.
The relationship to the deceased
One of the key factors in determining non-economic damages is the relationship between the claimant and the deceased. Courts consider the bond between the deceased and their survivors, with higher compensation awarded when the emotional impact is greater.
Pain and suffering
In wrongful death claims, compensation also depends on the pain and suffering experienced by the surviving family members. This includes the grief and emotional distress caused by the death. Courts assess the depth of the emotional suffering and how the loss has affected the family’s daily life. The more severe the emotional impact, the higher the compensation for pain and suffering is likely to be.
Loss of companionship or consortium
The loss of companionship, guidance, or affection plays a significant role. For spouses, this often involves the loss of emotional support, love, and intimacy. For children, it includes the loss of parental guidance and care. The courts will look at how the death affects the overall well-being of the survivors.
Life expectancy and circumstances of the deceased
The life expectancy of the deceased can also impact the compensation awarded. A longer life expectancy may result in higher compensation, as the survivors would have lost many more years of companionship and support.
Why these factors matter
Recognizing the emotional and intangible losses experienced by survivors is a crucial aspect of wrongful death claims. By taking these factors into account, the compensation awarded can provide some measure of acknowledgment and support during an incredibly challenging time.