Trial Attorney Blog
Surviving relatives may have the right to file a wrongful death claim when a loved one dies as a result of negligence, recklessness, or deliberate misconduct.
These lawsuits provide a way to hold the responsible party accountable and secure financial compensation for the losses endured by the family.
However, wrongful death compensation is not one-size-fits-all.
It is divided into two primary categories: economic damages and non-economic damages.
Understanding the difference between the two is crucial when determining the value of a wrongful death claim.
In this article, we will break down how each type of damage works, what expenses or losses they cover, and why having the best wrongful death lawyer Atlanta offers can make a significant difference in the outcome of your case.
Defining Economic Damages in Wrongful Death Cases
Economic damages refer to the tangible, measurable financial losses associated with the death of a loved one.
They are calculated based on objective evidence, such as bills, pay stubs, and records of expenses.
Some common types of economic damages in a wrongful death case include:
- Medical Expenses
- If the victim received medical treatment before passing away, the surviving family may recover costs related to hospital stays, surgeries, medications, and emergency care.
- Funeral and Burial Costs
- Funeral services, burial expenses, cremation, and related costs can place a heavy burden on grieving families. These expenses are compensable under economic damages.
- Lost Income and Benefits
- Perhaps the most significant economic damage is the loss of the victim’s future earnings. If the deceased was the primary breadwinner, the family could claim lost wages, pensions, retirement benefits, and even health insurance contributions the victim would have provided.
- Loss of Services
- In some cases, families may also recover the value of services the deceased performed, such as childcare, household maintenance, or caregiving.
Economic damages are easier to quantify because they rely on financial documents and expert testimony from economists or actuaries.
Defining Non-Economic Damages in Wrongful Death Cases
Unlike economic damages, non-economic damages focus on intangible losses that cannot be measured in dollars and cents.
These damages compensate for the emotional and psychological toll the wrongful death has on surviving family members.
Examples of non-economic damages include:
- Pain and Suffering of Survivors
- The emotional distress, grief, and anguish family members endure after losing their loved one.
- Loss of Companionship
- Surviving spouses may be compensated for losing the love, affection, intimacy, and partnership of their deceased partner.
- Loss of Parental Guidance
- Children of the deceased can claim damages for the loss of mentorship, guidance, and nurturing a parent would have provided.
- Loss of Emotional Support
- Families often experience a void when a loved one’s presence, encouragement, and emotional stability are suddenly gone.
Non-economic damages are inherently more subjective than economic damages.
Courts may rely on testimony from family members, psychological experts, and precedent from similar cases to determine a fair award.
Why the Distinction Between Economic and Non-Economic Damages Matters
The difference between economic and non-economic damages is important because it impacts how much compensation the family may receive. For example:
- A family may have relatively low economic damages if the victim was elderly and no longer working, but their non-economic damages could still be substantial.
- Conversely, a young professional supporting a family might result in very high economic damages due to lost future income.
Additionally, some states impose limits or caps on non-economic damages, while economic damages typically have no such restrictions.
Understanding these nuances is critical for maximizing recovery.
The Role of Wrongful Death Lawyers in Atlanta
Navigating the complexities of wrongful death claims requires both legal knowledge and compassion.
Experienced attorneys help families assess both economic and non-economic damages to ensure that all potential compensation is considered.
Here’s how the best wrongful death lawyer Atlanta has to offer can help:
- Evidence Collection
- Skilled wrongful death lawyers Atlanta gather medical records, financial documents, and expert testimony to calculate economic damages accurately.
- Valuing Intangible Losses
- Attorneys work with mental health experts and family members to present compelling evidence of the emotional impact of the death, ensuring non-economic damages are fairly considered.
- Negotiating With Insurance Companies
- Insurers often attempt to minimize payouts, especially on non-economic damages, since they are harder to measure. A strong lawyer pushes back against low offers.
- Litigation Support
- If negotiations fail, wrongful death lawyers can present the case in court, ensuring a judge or jury fully understands the extent of both economic and non-economic damages.
- Peace of Mind
- Perhaps most importantly, a trusted attorney allows grieving families to focus on healing while they handle the legal complexities.
Combining Economic and Non-Economic Damages in Settlements
In most wrongful death lawsuits, the final settlement or verdict combines both economic and non-economic damages.
This combination ensures that families are not only reimbursed for measurable expenses but also compensated for the profound emotional loss they have suffered.
For example:
- A surviving spouse may receive compensation for funeral costs and lost household income (economic damages) along with damages for loss of companionship and grief (non-economic damages).
This holistic approach to damages reflects the law’s recognition that wrongful death is both a financial and deeply personal tragedy.
Conclusion
In a wrongful death case, compensation is designed to address two major categories of harm: economic damages, which cover measurable financial losses, and non-economic damages, which address emotional and intangible suffering.
Both are equally important, and the balance between them varies from case to case.
While no amount of money can replace a loved one, pursuing these damages ensures families are financially supported and that justice is served.
Working with the best wrongful death lawyer Atlanta has available gives families the best chance at receiving fair compensation.
Experienced wrongful death lawyers Atlanta can help evaluate the unique details of the case, advocate for full recovery, and provide the guidance needed during one of life’s most difficult chapters.