How Is Wrongful Death Compensation Calculated? What Families Should Know

Wrongful death cases are not uncommon in Honolulu. The death of a loved one is an overwhelming experience. If you have to take insurance calls, handle legal processes, and have conversations about money during this time, it becomes more traumatic. 

If the death of your loved one is due to someone else’s negligence, you can seek compensation by consulting a Honolulu wrongful death lawyer. However, most of the families have no idea about this. This guide covers wrongful death compensation in Honolulu without the legal fog. 

What is a wrongful death claim?

This claim is filed when a person dies due to the negligence or wrongful act of another person or entity. It is a civil lawsuit and separate from a criminal case. In Honolulu, the state statute governs wrongful death claims to ensure that the affected families get due compensation for the wrongful death. 

Any personal representative of the deceased person can file the wrongful death claim. The compensation usually goes to the surviving family members, such as spouse, children (including adopted children), and parents (if there is no spouse or children). However, in certain circumstances, other dependents might also be considered for compensation. 

Categories of wrongful death compensation 

There are two main categories of wrongful death compensation in Honolulu: economic damages and non-economic damages. 

• Economic damages

Economic damages are the measurable losses that the family has incurred due to the wrongful death. Some economic damages include medical expenses, lost income and earning capacity, loss of benefits such as pension contributions, health insurance, and retirement savings, funeral and burial expenses, and the value of household services. 

Such financial impacts can be documented. Calculations for compensation can be performed with high precision.  

• Non-economic damages

Non-economic damages are extremely difficult to quantify, but they are real. This applies strongly to wrongful death cases. 

Some of these damages include emotional grief and distress, loss of companionship (particularly for the surviving spouse), loss of consortium and emotional support, and loss of parental guidance (for the surviving children). 

Things that impact wrongful death compensation

All wrongful death cases don’t provide the same results. The circumstances might look similar on the surface. Various factors affect wrongful death compensation. 

• The age and the income of the deceased person play a significant role. The wrongful death of a young person with a growing career prospect demands more compensation than that of a person who was nearing retirement. 
• The number of dependents the person leaves behind is also an important consideration when determining the compensation amount. A spouse with three young children will need more compensation than an adult child who was the sole survivor.
• Lastly, the degree of negligence determines the compensation amount. Able lawyers from lyslaw.com help secure maximum compensation for wrongful death cases. 

Summing it up

Dealing with insensitive insurance agents for the compensation might add to the trauma of a family that is coping with such a loss. A compassionate and understanding attorney will make things a little easier for the family. He will ensure that you get the desired amount in a seamless manner.