Damages

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Wrongful death claims compensate surviving family members for the losses caused by their loved one's death. Because these losses go far beyond medical bills, the damages available in a wrongful death case are typically broken into distinct categories that reflect both the financial and personal impact of the loss.

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Documentation and treatment details can significantly affect claim value.

Economic Damages

Economic damages address the measurable financial losses caused by the death. This commonly includes the loss of financial support the deceased would have provided to their family over time, factoring in their income, benefits, and expected working years had the accident not occurred. Funeral and burial expenses are also generally recoverable, along with any medical expenses incurred for the deceased's treatment between the time of the accident and the time of death, if there was a period of care before they passed.

These economic categories are often calculated with the help of financial experts who can project lost future earnings and benefits based on the deceased's age, occupation, and earning trajectory.

Non-Economic Damages

Non-economic damages address the personal, non-financial losses suffered by survivors. This can include loss of companionship, loss of consortium for a surviving spouse, and loss of the parental guidance, nurturing, and care a deceased parent would have provided to their children. These losses are harder to quantify than medical bills or lost wages, but many states recognize them as a legitimate and often substantial component of a wrongful death claim.

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Punitive Damages

In cases involving especially reckless or intentional misconduct, such as extreme drunk driving or intentional harm, some states allow punitive damages, which are intended to punish the at-fault party rather than compensate the family directly. Punitive damages are not available in every case or every state, and typically require a higher showing of egregious conduct beyond ordinary negligence.

What to Do Next

Work through each category of loss carefully with your family so the full financial and personal impact of the death is documented.

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Frequently Asked Questions

Economic damages cover the measurable financial losses caused by the death, chiefly the financial support the deceased would have provided over their expected working years, based on income, benefits, and earning trajectory. Funeral and burial expenses are generally recoverable, as are medical expenses from any treatment the deceased received between the accident and death. Financial experts are often brought in to project what future earnings and benefits would have looked like given the deceased's age, occupation, and career path. Because these figures depend on projections rather than fixed totals, documenting the deceased's actual income and benefits history strengthens the calculation.

Non-economic damages address the personal losses survivors experience that don't come with a receipt, such as loss of companionship, loss of consortium for a surviving spouse, and the loss of a parent's guidance, nurturing, and care for surviving children. These losses are harder to quantify than medical bills or lost income, but many states treat them as a legitimate and often substantial part of a wrongful death claim. Because there's no invoice to point to, the strength of this category tends to rest on how clearly the family relationship and its disruption are documented and described.

Only in some states, and only when the at-fault party's conduct goes beyond ordinary negligence, such as extreme drunk driving or intentional harm. Punitive damages are meant to punish the at-fault party rather than compensate the family directly, which sets them apart from economic and non-economic damages. Not every state permits them, and where they are allowed, courts typically require a higher showing of egregious or reckless conduct before awarding them. Whether this category applies at all depends heavily on the specific facts of how the crash happened and the state where the claim is filed.

Yes. The categories of loss shift depending on the survivor's relationship to the deceased. A surviving spouse may claim loss of consortium and lost financial support, while a surviving child's losses often center on the loss of parental guidance, nurturing, and care. Because these damages are personal to each relationship, families working through a claim benefit from documenting the specific role the deceased played for each survivor, rather than treating the loss as a single, undifferentiated amount to be divided afterward.

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