When you lose a loved one due to someone else’s negligence or intentional actions, the damage you experience is wide-ranging. In the legal profession, we pursue many types of damages on behalf of our clients. These can include financial losses as well as trauma, pain, suffering, and even future damages that stem from the case. Damages are sorted into two major categories: economic and non-economic.
You may be wondering what these terms mean and how they are used in the context of a wrongful death lawsuit. The team at Malamut Law is here to shed more light on these terms and help you better understand how they might apply to your wrongful death case.
Economic Damages in Wrongful Death Cases
Generally speaking, economic damages refer to any damages that can be quantified as a dollar amount.
Depending on state law, a wrongful death lawsuit may be filed by various people, in order of priority:
- A surviving spouse and children
- Surviving parents
- Surviving siblings
- Other, more distant relatives
- In some states, a domestic partner or other financial dependent
In some states, including New Jersey, a wrongful death lawsuit may only be filed by a representative of the decedent’s estate.
In either case, economic damages might include:
- Medical Expenses – Any hospital or other medical bills incurred by the deceased as a result of the incident that caused their death
- Lost Wages – The family income that was lost due the deceased’s inability to work after the incident and before their death
- Funeral and Burial Expenses – The cost of a funeral and burial for the deceased
- Future Lost Wages – Compensation for the future earning potential of the deceased that will now be lost
- Loss of Services and Support – The value of the services like childcare, cleaning, and home maintenance that the deceased provided
These damages are designed to compensate the victim’s survivors for the tangible expenses they incurred as a result of the incident that caused the wrongful death.
Non-Economic Damages in Wrongful Death Cases
Of course, a surviving family member will experience more than simple monetary losses when a loved one passes away. That person was your companion, your light, your reason for going on. Losing that person can leave a profound emptiness that can’t be filled with money. It can take years to recover from such a loss, and it may even be impossible to fully move on after such a tragedy.
Non-economic damages are designed to compensate a survivor for less tangible injuries, including:
- Pain, Suffering, and Mental Anguish – All refer to the emotional distress incurred by surviving family members as a result of their loss
- Loss of Consortium – Also known as loss of companionship; the value of the intangible benefits of the survivor’s relationship with the deceased
Unlike economic damages, non-economic damages cannot necessarily be quantified, and as a result the amount awarded can vary significantly depending on the details of a particular case. This amount may be influenced by current and future therapy bills related to the loss, among other factors.
Wrongful Death Attorney in New Jersey
At Malamut Law, our attorneys have combined decades of experience in a range of legal specialties, including wrongful death. If you have lost a loved one, the responsible parties may be liable to compensate you for medical bills, lost wages, pain and suffering, and more.
In New Jersey, you have two years to file your wrongful death lawsuit, so get in touch with us as soon as possible if you need a wrongful death attorney in New Jersey. Your initial consultation will be provided free of charge, so you have nothing to lose by contacting us today.