Losing a loved one is a profoundly painful experience. When that loss is caused by someone else's negligence or misconduct, the grief can be compounded by financial hardship and a sense of injustice. While no amount of money can replace a family member, a wrongful death lawsuit can provide financial stability and hold the responsible party accountable.
Understanding how wrongful death damages are calculated can help grieving families navigate the legal process with more clarity. In Utah, these damages are intended to compensate the deceased person's estate and surviving family members for the losses they have suffered. This guide will explain the different types of damages available and how they are determined. At True North Injury Law, we are dedicated to helping families seek justice and fair compensation for the loss of their loved one.
Economic damages are the most straightforward component of a wrongful death claim. They represent the tangible, financial losses that result from a person's death. The goal is to calculate the direct monetary impact on the surviving family members and the deceased's estate.
One of the most significant financial impacts of a wrongful death is the loss of the deceased's income. To calculate this, attorneys and financial experts consider several factors:
By projecting what the deceased would have earned over their expected lifetime, a value can be assigned to this loss. This provides the family with the financial support they would have received had their loved one survived.
The immediate costs associated with a death are also recoverable. Economic damages include reasonable expenses for the funeral, burial, or cremation. These are calculated based on invoices and receipts for services like:
Keeping detailed records of these costs is essential for ensuring full compensation.
If the deceased received medical care for their injuries between the time of the incident and their death, these costs can be included in the claim. This covers everything from ambulance fees and emergency room visits to surgeries and hospital stays.
Non-economic damages compensate for the profound emotional and personal losses that don't have a clear price tag. These damages acknowledge the immense human cost of a wrongful death. In Utah, these can be substantial and are often the largest component of a settlement or verdict.
This category compensates for the physical pain and emotional distress the deceased experienced before their death. For example, if a person was conscious and suffered in the moments or days following an accident, their estate may be awarded damages for that suffering.
Perhaps the most significant non-economic loss is the loss of the relationship itself. Spouses, children, and parents are deprived of the love, companionship, guidance, and support their loved one provided. Juries are asked to place a monetary value on this irreplaceable loss, considering the nature of the relationship and the impact on each surviving family member. This is often referred to as "loss of consortium" for a surviving spouse.
State laws play a crucial role in shaping wrongful death claims. A key aspect to understand is whether a state imposes "caps" on damages. Some states limit the amount of non-economic damages that can be awarded in certain types of cases.
Fortunately, Utah has no caps on non-economic damages in wrongful death cases. This is a significant advantage for families seeking justice, as it means a jury has the discretion to award a financial sum that truly reflects the immense personal loss suffered by the family.
Calculating wrongful death damages is a complex process that requires a deep understanding of legal precedent and the ability to present a compelling case. The attorneys at True North Injury Law have the expertise to build a strong claim on your behalf, working with financial experts and investigators to ensure every loss is accounted for.
If you have lost a loved one due to someone else's actions, you don't have to face this difficult journey alone. Contact True North Injury Law for a free consultation to discuss your case and learn how we can help you secure the financial stability and justice your family deserves.
