Losing a loved one due to someone else’s negligence or wrongdoing is an unimaginable tragedy. In addition to the financial burdens a family may face, the emotional toll can be overwhelming. While wrongful death claims often include compensation for tangible expenses like medical bills and lost income, they also provide an avenue for recovering non-economic damages, which address the profound emotional and psychological impact of the loss.
This blog explores what non-economic damages are, how they are calculated, and what families in Washington should know when pursuing a wrongful death claim.
What Are Non-Economic Damages?
Non-economic damages are compensation awarded for losses that are not easily quantifiable in monetary terms. Unlike economic damages, which cover tangible costs like funeral expenses or lost wages, non-economic damages address the emotional and psychological suffering experienced by the victim’s surviving family members.
Examples of Non-Economic Damages in Wrongful Death Claims:
- Loss of Companionship and Consortium: The loss of a spouse, parent, or child deprives family members of their emotional bond, guidance, and support.
- Pain and Suffering: Emotional distress, grief, and mental anguish endured by surviving family members.
- Loss of Parental Guidance: For children, the absence of a parent’s love, care, and mentorship is a significant loss.
- Loss of Enjoyment of Life: The diminished quality of life caused by the absence of a loved one.
How Non-Economic Damages Are Calculated in Washington
Unlike economic damages, non-economic damages do not have fixed costs or bills to reference. This makes determining their value more complex. Courts and attorneys consider various factors to estimate the impact of the loss on surviving family members.
Factors That Influence Non-Economic Damage Awards:
- The Nature of the Relationship: Courts consider the closeness of the relationship between the deceased and the claimant, such as a spouse, child, or parent.
- The Role of the Deceased: The deceased’s role in the family (e.g., caregiver, financial provider, mentor) influences the value of the claim.
- The Circumstances of the Death: Particularly traumatic or wrongful circumstances, such as those involving reckless behavior or gross negligence, may lead to higher awards.
- The Family’s Testimony: Statements from surviving family members about the emotional impact of the loss can be persuasive in court.
Washington does not impose a cap on non-economic damages in wrongful death claims, allowing families to pursue fair compensation for their losses.
Why Non-Economic Damages Are Critical for Families
Non-economic damages recognize the profound emotional toll that a wrongful death takes on a family. While no amount of money can bring a loved one back, this compensation serves several vital purposes:
- Acknowledging Emotional Pain: The award validates the deep emotional suffering of surviving family members.
- Holding Negligent Parties Accountable: Pursuing non-economic damages ensures that those responsible for the wrongful death are held fully accountable for their actions.
- Providing a Sense of Justice: While financial compensation cannot replace a loved one, it offers families a sense of closure and justice.
Challenges in Proving Non-Economic Damages
Proving non-economic damages in a wrongful death claim requires careful preparation and compelling evidence. Insurance companies and defense attorneys may attempt to minimize the emotional suffering of the family to reduce the payout.
Common Challenges Include:
- Subjectivity of Emotional Loss: Non-economic damages are inherently subjective, making it difficult to assign a monetary value to grief and suffering.
- Bias from Insurance Companies: Insurance adjusters may undervalue emotional damages or argue that the family is exaggerating their loss.
- Complex Legal Standards: Presenting a strong case for non-economic damages requires a thorough understanding of Washington’s wrongful death laws and precedents.
Working with a skilled catastrophic injury lawyer in Washington can help families navigate these challenges and advocate for fair compensation.
How to Strengthen a Claim for Non-Economic Damages
While non-economic damages are more abstract than economic losses, families can take steps to strengthen their wrongful death claim:
1. Document the Emotional Impact
Surviving family members should keep detailed records of how the loss has affected their daily lives, including feelings of grief, depression, or anxiety.
2. Provide Testimony
Personal testimony from family members, friends, or counselors can illustrate the emotional toll of the loss. These statements can be particularly powerful in court.
3. Engage Expert Witnesses
Expert witnesses, such as grief counselors or psychologists, can testify to the psychological impact of losing a loved one and the long-term emotional challenges families face.
4. Work with an Experienced Attorney
A skilled attorney can help families build a compelling case by gathering evidence, consulting with experts, and presenting the claim effectively in court.
The Role of a Catastrophic Injury Lawyer in Washington
Navigating a wrongful death claim is emotionally challenging, and legal complexities can add stress to an already difficult time. A wrongful death attorney in Olympia can provide invaluable support by:
- Investigating the circumstances of the wrongful death to identify all liable parties.
- Advocating for fair compensation during settlement negotiations or in court.
- Ensuring that all damages, including non-economic ones, are fully accounted for in the claim.
How Ron Meyers and Associates Can Help
At Ron Meyers and Associates, we understand the profound emotional and financial impact of losing a loved one. Our compassionate team of attorneys is dedicated to helping families in Olympia and throughout Washington seek justice through wrongful death claims. We’ll work tirelessly to ensure you receive the compensation you deserve, including for non-economic damages like grief and loss of companionship.
Contact us today for a free consultation and let us provide the legal help your family needs to move forward after a wrongful death.