Types of Damages in Wrongful Death Cases — What Compensation Is Available?

## What Families Can Recover in Wrongful Death Claims

The purpose of wrongful death compensation is to place the surviving family members in the financial position they would have occupied had their loved one lived. Because death eliminates the ability of the victim to directly benefit from compensation, the law instead directs damages to the survivors who have suffered both economic and emotional loss. Understanding the full scope of available damages ensures that your legal claim captures everything you are entitled to recover.

The total compensation package in a wrongful death case combines economic damages — calculable financial losses — with non-economic damages for intangible suffering. Together these can reach several million dollars in cases involving the death of a working-age adult with dependents.

Economic Damages in Wrongful Death Cases

Economic damages represent the direct financial losses caused by the death — losses that can be calculated with actuarial precision by forensic economists.

• **Lost financial support:** The income the deceased would have earned over their expected working life, reduced to present value and accounting for expected salary increases and career growth
• **Lost benefits:** Employer health insurance, pension contributions, retirement plan matching, and other non-wage benefits that the family no longer receives
• **Lost services:** Household services the deceased provided — cooking, childcare, home maintenance, and other contributions with real economic value
• **Medical expenses:** The emergency medical treatment received between the injury and the death
• **Funeral and burial expenses:** All costs associated with final arrangements, memorial services, and burial or cremation
• **Estate administration costs:** Legal fees and probate costs related to administering the deceased's estate

Non-Economic Damages in Wrongful Death Cases

Non-economic damages compensate for losses that are real but not easily quantified in dollar terms.

• **Loss of companionship and consortium:** The surviving spouse's loss of the deceased's love, companionship, affection, and sexual relations
• **Loss of parental guidance:** Children's loss of the parenting relationship — guidance, instruction, nurturing, and the experience of growing up with both parents
• **Grief and mental anguish:** The psychological suffering endured by surviving family members
• **Loss of society and comfort:** The broader emotional relationship between the deceased and surviving relatives

Punitive Damages in Wrongful Death Cases

When the conduct that caused the death was particularly egregious — a drunk driver, a company that knowingly sold a dangerous product, a physician who covered up a fatal error — punitive damages may be available in addition to compensatory damages. These damages punish the defendant and require proving that their conduct was willful, wanton, or consciously reckless.