The Economic and Non-Economic Damages Caused By Wrongful Death

The loss of someone who was really close to you can create emotional pain that is very hard to put into words, especially when the death was not natural and caused by someone else’s negligence or wrongful actions. An accidental death claim might help families seek compensation for the financial or personal losses. The damage can be both economic loss and non-economic loss.

Phoenix is a well-known city for people travelling daily for work, family responsibilities, and other activities. Because of its busy areas and roads, accidents can have high possibilities. For families dealing with a devastating loss, a premiere wrongful death lawyer in Phoenix can help them understand the types of damages that may be available and how those losses can be evaluated.

Understanding Economic Damages

Economic damages are losses that can often be calculated using financial records and other documentation. These damages are generally easier to identify because they involve specific expenses or financial contributions that can be assigned a monetary value.

One of the most important economic losses in a wrongful death case may be the income the deceased person would have earned. If the person was supporting a spouse, children, or other family members, their death can cause serious financial difficulties.

The value of lost income may depend on certain factors such as the person’s age, occupation, salary, benefits, career path, and expected working years. Employment records, tax documents, pay statements, and other financial information may help cover these losses.

Medical and Funeral Expenses

Some accidental death victims do not die immediately after an accident. They may get emergency treatment or spend time in a hospital before passing away. The medical expenses associated with that treatment may become part of the damages in a wrongful death claim, depending on the situation.

Families may also face funeral, burial, or other final costs. These costs can place an unexpected financial burden on relatives who are already suffering with the emotional consequences of the loss.

Keeping receipts, invoices, and other documentation can help show these expenses.

Loss of Future Financial Support

The financial impact of wrongful death can extend well into the future. If the deceased was a primary income earner, surviving family members may lose years of coming financial support.

Calculating future losses can be more difficult than simply looking at the person’s most recent paycheck. Factors such as expected raises, career advancement, benefits, retirement contributions, and the person’s expected working life may be considered.

This is one reason why financial documentation can be crucial when evaluating the full impact of a wrongful death.

What Are Non-Economic Damages?

Non-economic damages are different because they include losses that do not have a straightforward price tag. They stem from the personal and emotional consequences of losing someone.

These losses may involve the loss of companionship, affection, guidance, care, and emotional support. For a spouse, the loss may include the absence of a life partner. For children, it may involve losing a parent’s guidance and presence while growing up.

Although these losses cannot be measured with a receipt, they can have a significant effect on the surviving family.

Loss of Companionship

The relationship between the deceased and surviving family members can be an important consideration in a wrongful death claim.

A spouse may lose companionship and emotional support, while children may lose parental guidance and care. Other eligible family members can also experience significant changes in their daily lives.

Evidence such as family photographs, personal records, testimony from relatives, and information about the relationship may help demonstrate the nature of these losses.

Emotional Impact

Wrongful death can affect almost every part of a family’s life. Grief, emotional distress, and the sudden loss of a loved one’s presence can make everyday responsibilities tougher to deal with.

The emotional consequences may also continue for years. While no financial award can undo the loss, non-economic damages are intended to recognize the personal impact experienced by eligible survivors.

Key Takeaways

• Economic damages are mostly measured as financial losses caused by a wrongful death.
• Lost wages and future financial support can be important parts of a claim.
• Medical and funeral expenses may also contribute to economic damages.
• Non-economic damages address personal losses such as companionship, guidance, affection, and emotional support.
• Arizona Revised Statutes § 12-613 provides guidance on determining damages in wrongful death actions.
• The relationship between the deceased and surviving family members may be significant when evaluating non-economic losses.
• Documentation can help establish both financial and personal consequences.
• Every wrongful death case is different, so damages should be evaluated based on the specific situation.

FAQs

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