When a loved one dies, the pain and grief are overwhelming. When that death is at the hands of another person who acted negligently, anger and frustration are also present. You want the responsible person to accept blame, to acknowledge what they did. Sometimes a criminal trial accomplishes this, but often it does not. Instead, your family may turn to a wrongful death lawsuit requesting financial compensation to get the acknowledgment you seek. In wrongful death cases, you may receive damages for the financial losses the death of your loved one has caused, but you can also request non-economic damages. Understanding what those are and how they differ from the money lost by your loved one’s death is important to getting the compensation you deserve. At Shillen Mackall Seldon & Spicer, our compassionate wrongful death attorneys may be able to assist you in collecting evidence to prove the wrongful death and determining what kind of compensation to ask for under the law. Call (802) 457-4848 to schedule a consultation and learn more about your family’s legal rights after a loved one has died due to negligence in Florida, New Hampshire, or Vermont.
What Is Wrongful Death?
Wrongful death has two meanings in the legal world. The first meaning is related to the act itself and the second is related to the lawsuit that can result. While the two meanings are connected, understanding the difference is important so that individuals understand what they are referring to when using the words.
Wrongful Death as an Act
The act of wrongful death is the death of a human being resulting from a wrongful or negligent act of another person. Not every death caused by another individual is a wrongful death. For example, if an individual breaks into someone’s home and the homeowner shoots them, this is not a wrongful death, but self defense.
A wrongful death occurs when the individual who causes the death does something wrong, or does not do something they should have done. Wrongful deaths can be caused by medical malpractice, car accidents, construction accidents, workplace accidents, defective products, slip and fall accidents, and many other circumstances.
Wrongful Death as a Legal Case
Legally, wrongful death is a civil action in which one party, the plaintiff, sues another, the defendant, for damages resulting from a death the defendant is alleged to have caused. In this civil action, or lawsuit, the plaintiff can be the deceased individual’s estate’s executor or personal representative or their close relative, such as a spouse, parent, or adult child.
The plaintiff must prove wrongful death by proving the elements of negligence through a preponderance of the evidence, which means they must prove the defendant had a duty of care, breached that duty of care, and as a result, the defendant’s specific action caused the death (causation). This lawsuit asks for financial damages, but does not result in a criminal conviction or jail time. However, the civil lawsuit can occur alongside or after a criminal trial, regardless of whether the criminal trial results in a conviction.
The Difference Between Economic and Non-Economic Damages
In wrongful death cases, the deceased’s family is asking the court to hold the other party responsible for their loved one’s death. Because it is not a criminal trial, the defendant cannot be held accountable by being put on probation or serving jail or prison time. Instead, the court can order the defendant to pay damages to the deceased’s family if they can prove the defendant is responsible for the death through a preponderance of the evidence. This means if the plaintiff can prove it is more likely than not that the defendant caused the death, the defendant will pay for their financial losses.
There are two types of financial loss, or damages, that can be awarded in a wrongful death case. The first is economic damages. These are the damages that can be proven with evidence such as medical bills, paystubs, or bills or receipts for funeral or burial expenses. Economic damages can include lost wages, medical expenses, property damage, and other expenses or money lost as a direct result of the death. The second type of damages is non-economic damages, which are damages that are not included in economic damages. These damages do not have bills, receipts, or other proof of their value or existence.
What Are Non-Economic Damages?
While economic damages are tangible losses that can be easily proven and easily assigned a value, non-economic damages are intangible losses that do not have a clear value. Each state has its own definition of what is considered non-economic damages that the plaintiff can ask for in wrongful death cases. Shillen Mackall Seldon & Spicer may be able to review your case and assist you in gaining a better understanding of the specific damages you may be able to ask for.
Florida Definition
In Florida, individuals can ask for mental pain and suffering, loss of companionship and protection, loss of support and services, loss of enjoyment of life, emotional distress, inconvenience, insomnia, depression, post-traumatic stress disorder (PTSD), and other conditions. These often require expert witnesses, such as doctors and accountants, to prove these damages.
The judge or jury decides whether to award these damages and if so, how much to award. Florida does not have a cap on non-economic damages, except in medical malpractice cases. Florida §766.118 limits these damages to $1,000,000 for practitioners and $750,000 for nonpractitioners. The state also requires that wrongful death cases be filed within two years of the death or the claim cannot be filed.
New Hampshire Definition
New Hampshire defines non-economic damages as including emotional distress, pain and suffering, loss of companionship, loss of comfort, loss of love, and loss of familial relationships. Like Florida, expert testimony may be required to prove these damages.
On July 3, 2024, SB 462 was signed into law. This law will take effect on January 1, 2025 and limit these damages to $500,000 for surviving spouses or $300,000 for a minor child who has lost their parents or parents who have lost their minor child. New Hampshire has a three year statute of limitations to file wrongful death cases.
Vermont Definition
The state of Vermont allows for emotional pain and suffering, loss of companionship, loss of consortium, the family’s loss of the victim’s love and support, the household’s loss of the victim’s contributions, grief, mental anguish, and the impact on the family’s quality of life due to the death. Like Florida and New Hampshire, expert testimony may be required to prove these damages.
Vermont does not limit non-economic damages in wrongful death cases. 14 V.S.A. § 1492 limits families to filing their claim within two years of the death.
How Are Non-Economic Damages Calculated in Wrongful Death Cases?
Each state is also unique in how they calculate the amount of non-economic damages to award. The methods used can change, so individuals should not make assumptions or attempt to calculate how much they may receive on their own.
Florida Calculations
Florida typically calculates non-economic damages in wrongful death cases by multiplying a number between 1.5 and 5 by the economic damages that have been awarded. The number is either assigned by the court or agreed upon by both parties. Additionally, the severity of the injuries that caused the individual’s death factors into the number chosen.
New Hampshire Calculations
New Hampshire determines the decedent’s life expectancy if they had lived until a natural death. They combine this with the educational and work background, and income prior to death, to calculate an “income.” This income is then multiplied by the number of working years the individual still had before retirement, and then reduced by an amount for the retirement years when the individual would have spent money without earning more. The final figure after these calculations is the non-economic damages awarded.
Vermont Calculations
Vermont does not use a specific formula for calculating non-economic damages in wrongful death cases. Instead, the court instructs the jury to award damages that are “fair” based on the trial’s evidence. This means that there is no way to predict the amount that will be awarded.
How An Attorney Can Assist in Wrongful Death Cases
Nothing can bring back a lost loved one. Filing a lawsuit will not change what happened, but it can hold the individual who caused that death accountable for their actions or inaction. Wrongful death cases can provide the family with closure, as well as a financial cushion from the economic and non-economic damages awarded. If you have lost a loved one due to someone else’s actions, or lack thereof, our skilled wrongful death attorneys with Shillen Mackall Seldon & Spicer may be able to assist you with gathering evidence, finding expert witnesses, and understanding the laws of your state so you know what you can expect. Call (802) 457-4848 to schedule a consultation and learn more about your legal options in Florida, Vermont, or New Hampshire.