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How can I prove intangible damages in a wrongful death case?

On Behalf of | Jul 25, 2023 | Wrongful Death

Losing a loved one will never be easy. However, if the death is due to someone else’s negligence, it can add more pain to the decedent’s family because the death could have been avoided if reasonable care had been given. These emotions translate to damages in court, and the victim’s surviving family can claim compensation.

What falls under intangible damages?

Intangible damages refer to a claimant’s noneconomic losses because of a loved one’s wrongful death. Wrongful death claimants are usually the surviving spouse and children of the decedent. That is why intangible damages mainly refer to losses in connection to familial relationships. This includes the following losses:

  • Pain and suffering
  • Emotional distress
  • Loss of companionship and consortium
  • Loss of love, affection, comfort and guidance

On top of proving that the defendant’s negligence caused the victim’s death, the claimant must also submit evidence that they suffered any of the mentioned noneconomic damages due to their family member’s wrongful death. But how exactly do you prove them when they are intangible?

Evidence to back up your claim

Usually, a decedent’s surviving family seeks professional help for their mental and emotional health. The claimant may submit documentation from these sessions and a medical certificate from the psychiatrist as evidence in court.

Witness testimonies also hold weight in wrongful death claims for noneconomic damages. With a loved one’s death, a surviving family will usually exhibit grieving symptoms, which others can see in changes in routine, attitude and how they connect with other people. People like friends, relatives and coworkers can testify in court about how much the wrongful death has affected the claimants.

Grab a helping hand

Pursuing a wrongful death claim can be overwhelming, especially with all the overflowing emotions a surviving family has to endure. Moreover, seeking compensation for intangible losses may seem impossible. However, there are numerous ways to establish noneconomic losses. Available evidence will depend on the circumstances of each case. A helping hand from a knowledgeable legal professional can guide you through the process.