Economic and Non-Economic Damages in a Wrongful Death Case

A wrongful death claim is an opportunity for grieving family members to seek justice, accountability and financial compensation for the devastating loss of a loved one’s life in a preventable accident. 

Although no amount of money can ever equal a human life, the California courts recognize the importance of making families whole again as much as possible. For this reason, economic and non-economic damages are made available in a wrongful death lawsuit in Los Angeles, CA.

Economic Damages in a Wrongful Death Case

The damages or financial compensation awarded to make someone whole again in personal injury law are known as “compensatory damages,” as they are meant to compensate victims for losses. There are two types of compensatory damages: economic and non-economic.

Economic damages, also known as special or tangible damages, refer to actual expenses and financial losses suffered by a plaintiff. In a wrongful death claim, these may include:

• Funeral and burial costs
• The deceased person’s medical bills from the date of the accident to the time of death
• Lost wages and employment benefits that the decedent would have earned over his or her lifetime
• Lost inheritance
• Lost value of household services the decedent performed, such as maintenance and child care

The purpose of economic damages in a wrongful death claim is to make the decedent’s estate or surviving family members financially whole again. This type of award aims to alleviate the economic burden that a death has on a family, especially the death of a breadwinner.

Non-Economic Damages in a Wrongful Death Case

The other category of compensatory damages is “non-economic,” also called general or intangible damages. Non-economic damages encompass all of the losses caused by a wrongful death that are not financial in nature. The reality of unexpectedly losing a loved one is such that non-economic damages are often the greatest losses suffered.

Non-economic damages may include:

• Loss of consortium, or loss of the loved one’s care and companionship
• Loss of the decedent’s spousal or parental love, care and affection
• Loss of the decedent’s protection and assistance
• Loss of parental guidance and support for minor children

In California, the law does not allow for the recovery of compensation for family members’ grief, mourning, or pain and suffering. The deceased person’s pain and suffering is also not compensable under state law.

What Is the Average Wrongful Death Settlement in California?

It is not possible to calculate an accurate “average” wrongful death settlement, as case values can historically vary drastically. A wrongful death settlement could range from $100,000 or less to over $1 million, depending on the circumstances.

Influential factors in the calculation of a wrongful death settlement include:

• The amount of financial loss suffered by surviving family members
• The cost of the decedent’s final medical bills
• The age of the decedent at his or her time of death
• How much the decedent earned prior to death
• Whether the decedent had minor children or other dependents 
• The number of defendants and amount of insurance coverage available
• The nature and severity of the defendant’s negligence 

Any financial compensation awarded during a California wrongful death case will be distributed among eligible beneficiaries according to the state’s laws of intestate succession. In general, the funds are distributed among a surviving spouse, children, parents and other dependents.

How to Seek the Justice Your Loved One Deserves

If your family wishes to optimize the outcome of your case during this difficult time, hire an experienced wrongful death attorney. An attorney at our Los Angeles injury law firm will protect your family’s goals and best interests every step of the way. For a free wrongful death case consultation, contact Rose, Klein & Marias LLP.