If you have lost a loved one because of the negligence of another party, you may want justice and the knowledge that the responsible party has been held accountable for their careless disregard for others’ lives. The bereaved family members of someone who has died as a result of another party’s negligence may have the right to pursue a wrongful death claim to hold the negligent party accountable in civil court, which is a separate process from any criminal cases. The primary objective of a wrongful death case is to obtain financial compensation from the party who caused your family harm. An award in this type of case may include compensation for non-economic damages. An experienced wrongful death lawyer from Steelman Gaunt Crowley may be able to explain these damages and others to which you might be entitled when you call for a free case review at (573) 341.8336.
What Are Non-Economic Damages?
When someone files a personal injury claim, they generally seek damages under at least one of two broad categories: economic damages and non-economic damages. Economic damages represent direct financial losses the victim experiences, such as medical expenses and lost wages.
In contrast, non-economic damages recognize that accident victims may suffer other damages that are not directly tied to a financial loss. In personal injury cases, these damages may include losses such as pain and suffering, mental anguish, physical impairment, and loss of capacity to enjoy life.
Who Can Sue for Wrongful Death in Missouri?
Wrongful death cases recognize that if the victim of a personal injury dies, certain relatives will be negatively affected by the death and have the right to pursue a wrongful death claim. § 537.080 MO Rev. Stat. gives the following relatives, in the following order, the right to sue for wrongful death:
- The surviving spouse or children of the decedent or the surviving descendants of the children
- The decedent’s parent
- The decedent’s sibling or their descendant
- A plaintiff ad litem appointed by the court whose appointment is requested on behalf of those entitled to share in the proceeds of a wrongful death claim
A wrongful death lawyer may be able to review your case and explain whether you are eligible to file a wrongful death claim based on your family relationship and individual circumstances.
What Are Non-Economic Damages for a Wrongful Death Claim?
§ 537.090 MO Rev. Stat. outlines a few types of non-economic damages that can be awarded in a wrongful death claim. These include:
Loss of Consortium
Loss of consortium is the loss of physical and sexual intimacy that the aggrieved will experience because of their loved one’s death. Damages for loss of consortium are commonly awarded to widowed spouses.
Loss of Companionship
The victim’s loved ones can also receive compensation due to the loss of companionship they will experience by not having a spouse, parent, sibling, etc. and not being able to enjoy time with them. Loss of companionship may be awarded to any or all of the remaining family members.
Loss of Comfort and Support
The surviving family members can also receive compensation for their loss of comfort and emotional support from the decedent. Sometimes this award is sought separately from the loss of companionship.
Loss of Instruction, Guidance, Counsel, and Training
This element of damages generally applies to the decedent’s children. Damages sought on this basis are intended to provide compensation to these parties because their parents will no longer be there to raise them, teach them morals, guide them, or provide counsel as they get older.
The Victim’s Non-Economic Damages
In addition to the above losses, those pursuing wrongful death claim also have the right under § 537.090 to pursue compensation for the non-economic damages the victim suffered between the time of the injury and their death. This could include compensation for the victim’s:
- Physical pain and suffering
- Mental anguish and psychological harm, including post-traumatic stress disorder and depression
- Inconvenience
- Physical impairment
- Disfigurement
- Loss of the capacity to enjoy life
An experienced wrongful death lawyer from Steelman Gaunt Crowley may be able to review your case and help you determine the types of non-economic damages for which you may be eligible to pursue compensation.
How Are Non-Economic Damages for a Wrongful Death Claim Calculated?
Unlike economic damages, there is not a readily calculable financial number to assign to non-economic damages. Therefore, jurors are typically instructed to determine what is “just and fair.” They can consider their own life experiences and what they would consider fair if they were the ones affected.
§ 538.210 MO Rev. Stat. does establish a damage cap for wrongful death cases that are based on medical malpractice. These cases limit non-economic damages to $400,000 or $700,000 to cases involving catastrophic injuries. There is not a cap on noneconomic damages in other types of personal injury cases that result in wrongful death.
Factors That Affect the Value of Non-Economic Damages
There are several different factors that may be considered in awarding non-economic damages. A jury or insurance claims adjusters may consider factors such as:
- The severity of the victim’s injuries
- How long the victim endured pain and suffering after the accident
- Whether the injuries caused permanent disabilities or disfigurement before the decedent succumbed to them
- The extent of the victim’s injuries
- The mental toll caused by the accident
- The relationship between the victim and the person or persons filing the claim
- The victim’s age and health
Notably, Missouri’s wrongful death law does not consider the claimant’s grief and sorrow caused by the accident.
How To Prove Non-Economic Damages
Non-economic damages can be more complex to quantify than economic damages. Accident victims and their families do not have the benefit of providing a receipt or invoice that definitively shows the value of these losses. Instead, plaintiffs seeking non-economic damages in wrongful death cases may need more subjective evidence, such as:
- Medical records that detail the extent of the victim’s pain and suffering
- Family members’ own testimony regarding how their loved one’s passing has affected them
- Pain journal entries that detail the extent of the plaintiffs’ or the deceased’s pain and suffering
- Testimony from individuals in position to be familiar with the plaintiffs’ thought processes regarding how the death has affected the plaintiffs, or about the relationship a plaintiff shared with the deceased prior to the tragedy
- Therapist notes documenting the affect the deceased’s passing has had on one or more of the plaintiffs in the case
Consider consulting with an experienced Missouri wrongful death lawyer to discuss the most appropriate forms of evidence to use in your case.
Contact a Wrongful Death Lawyer Today for a Free Case Review
If you would like to learn more about the potential non-economic damages you could recover through a wrongful death claim, consider contacting Steelman Gaunt Crowley. An experienced wrongful death attorney from our firm may be able to review your case during a free consultation and advise you of your legal rights and options. You can reach us by calling (573) 341-8336.
