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The untimely loss of a loved one may leave their family with medical bills or severe financial hardships. However, the more painful effect could be that of the emotions associated with the loss. For a spouse or child especially, the death could affect them for the rest of their life. While no amount of money can make up for the death of a loved one, a wrongful death attorney could make a case to recover non-economic damages. If someone was negligently responsible for the death of someone you know, you have the right to seek compensation from them. Speak to a dedicated accidental death attorney in your community to learn about non-economic damages in Chesterton wrongful death actions.
Non-economic damages are those which cannot be easily calculated. These types of damages refer to the emotional losses a person sustains following the death of loved one. In a wrongful death case this includes grief, loss of love and affection, loss of society, and loss of consortium. These tend to be significantly greater than any economic damages in a wrongful death case.
The loss of love and affection is different than grief, which addresses the death itself. Loss of love and affection is a continuing loss – in other words, if the individual had not been killed, the family would continue to experience the love and affection of the family member.
Another element of damages in a wrongful death case is loss of companionship or loss of society. This is the ability to share any pleasurable events in life. Finally, a family is entitled to recovery in a wrongful death case for loss of consortium. Consortium in this instance means the ability to enjoy the pleasurable activities of life together. In a wrongful death case, loss of consortium is a large portion of the recoverable damages.
There are specific legal requirements which dictate who can file a wrongful death case and who can recover damages. In most situations, these will be the same people but it is not guaranteed.
An experienced lawyer is in the best position to advise the family as to who can file the action and who is entitled to recover damages. They will typically represent the estate of the deceased individual and not any particular person’s interests. The lawyer’s goal is to obtain the greatest possible result for the estate, which will then be divided up by the person entitled to recover it under the law.
Although there are no formulas for calculating non-economic damages in wrongful death cases, an experienced lawyer could provide guidance on how to maximize the recovery.
Non-economic damages depend upon the nature of the relationship between the family and the deceased individual. If there was a close relationship, then the loss is considered greater and thus the amount of non-economic damages could be high. If the person was estranged from their family, the non-economic damages could be far less.
If the case involves the loss of a father and husband, there will be certain elements of loss which an attorney could pursue, including economic damages such as earning potential. If a child dies, the non-economic elements could be substantially different since there will likely be a higher level of grief.
A wrongful death case can involve several individuals who are each entitled to their own recovery. For example, the loss of a parent in the family could result in damages paid to the spouse and any children. These damages will be calculated individually because the loss to each of those people is individual and unique.
Likewise, the family dynamic and participation of the loved one in their family life will dictate how the loss of companionship is calculated. If the deceased was the primary breadwinner in the family, that will have a major impact on how the damages are calculated.
In some instances, it is helpful to hire an expert to quantify the loss of companionship suffered by a family. The purpose of this testimony is to better explain to a jury the magnitude of the loss.
If you have suffered the loss of a loved one, it is not only the quantifiable expenses that can be compensated. Recovering non-economic damages is an essential function of wrongful death actions. A compassionate attorney could guide you through the process and fight for relief. Place a call now to discuss the types of non-economic damages in Chesterton wrongful death actions.