What are noneconomic damages after a wrongful death?
May 10 2025 16:01
State statutes permit people affected by tragedy to take legal action. Those directly affected by the unexpected death of a loved one may have grounds for a wrongful death lawsuit. Frequently, surviving family members communicate with the personal representative of an estate and ask that they pursue wrongful death litigation. The personal representative has the legal authority to file the lawsuit. Some of the funds recovered may help the estate cover the deceased individual’s final debts, including end-of-life medical care expenses and funeral costs. Such losses fall into the category of economic losses. The law in Washington also allows plaintiffs in wrongful death lawsuits to request noneconomic damages. There are three distinct categories of noneconomic damages that may contribute to the final value of the wrongful death lawsuit. Pain and suffering The sudden loss of a loved one can trigger profound grief and other negative emotional reactions. It may take years for people to heal, and even then, their lives may never be quite the same after the death of a spouse, parent or child. The pain and suffering of those who have lost a family member can be an important consideration when deciding how much to request in noneconomic damages. Loss of companionship In addition to compensation for personal suffering, surviving family members can also request compensation for loss of the deceased person’s companionship. They may have expected to spend years attending football games with their father or sharing daily tasks with a household member. The premature passing of a loved one can deprive family members of the joy and comfort their companionship could have provided. Loss of consortium Consortium refers to the companionship between spouses in particular. If the person who died was married, their surviving spouse can request financial compensation for their loss of spousal companionship. Consortium claims relate to intimacy, practical support and affection. This differs slightly from the loss of companionship requested on behalf of all surviving family members. Spouses generally play a significant role in one another’s lives and expect to live together until death. The loss of that relationship can be particularly difficult for people to overcome. Those hoping to obtain justice through civil litigation may need help calculating both economic and noneconomic losses as they prepare for a wrongful death lawsuit, and that’s okay. Learning more about state law can help grieving people pursue justice when negligence or bad behavior results in tragic consequences.The post What are noneconomic damages after a wrongful death? first appeared on Farrell Law Office.