When a family loses a loved one due to someone else's negligence, the aftermath is emotionally devastating and financially overwhelming. In Vermont, wrongful death claims allow surviving family members to seek compensation not only for financial losses but also for intangible, non-economic damages. These damages recognize the profound impact of losing a loved one, addressing the emotional and relational void left behind. Understanding what non-economic damages entail and how they are calculated in Vermont is essential for families pursuing justice.

Understanding Non-Economic Damages

Non-economic damages compensate for the intangible losses suffered by surviving family members after a wrongful death. Unlike economic damages—such as medical bills, funeral expenses, or lost income—non-economic damages do not have a straightforward monetary value. They address the emotional, psychological, and relational harm caused by the loss.

Common types of non-economic damages include:

• Pain and Suffering of Survivors: Compensation for the emotional anguish and grief experienced by the deceased's family members.
• Loss of Companionship: This accounts for the absence of the deceased's love, support, and presence in the lives of close family members.
• Loss of Parental Guidance: When a parent dies, children are deprived of the guidance, nurturing, and care they would have otherwise received.
• Loss of Spousal Consortium: Surviving spouses may claim damages for the loss of intimacy, affection, and partnership.

Vermont's Wrongful Death Laws: Key Points

In Vermont, wrongful death claims are governed by Vermont Statutes Annotated (VSA) Title 14, Section 1491. This statute outlines who can file a claim, what damages are recoverable, and how these claims are processed.

Key Provisions Include:

1. Who Can File?
   • The executor or administrator of the deceased's estate must file the claim on behalf of eligible beneficiaries, such as the spouse, children, or other dependents.
2. Recoverable Damages:
   • Economic damages like medical expenses and lost wages.
   • Non-economic damages, including loss of companionship, guidance, and emotional suffering.
3. Statute of Limitations:
   • In Vermont, wrongful death claims must generally be filed within two years of the date of death. Filing beyond this period may result in the claim being dismissed.

How Are Non-Economic Damages Calculated?

Assigning a monetary value to non-economic damages can be complex since these losses are inherently subjective. Courts in Vermont often consider factors such as:

• The Relationship Between the Deceased and Survivors: Closer relationships, such as those between a parent and child or spouses, typically result in higher awards for loss of companionship or guidance.
• The Age and Health of the Deceased: Younger individuals with more years ahead of them may result in larger awards, as their presence would have been felt for longer.
• The Survivors' Dependency: The extent to which survivors relied on the deceased emotionally, psychologically, or financially is also considered.

Methods Used:

• Multiplier Method: Non-economic damages are calculated as a multiple (typically 1.5 to 5 times) of the economic damages awarded.
• Per Diem Method: Assigning a daily monetary value to the survivor's suffering and multiplying it by the duration of the grieving period.

Challenges in Claiming Non-Economic Damages

Claiming non-economic damages in Vermont wrongful death cases often involves overcoming several challenges:

• Subjective Nature of Grief: Proving emotional suffering can be challenging, as grief is not quantifiable.
• Burden of Proof: Survivors must provide compelling evidence, often including testimony from family members, friends, or expert witnesses like psychologists.
• Limits on Awards: While Vermont does not impose a specific cap on non-economic damages in wrongful death cases, juries are often cautious about awarding excessively high amounts.

Tips for Strengthening a Claim

To maximize the potential for fair compensation, families should:

• Document Emotional Loss: Keep journals or records that capture the impact of the deceased's absence on daily life.
• Leverage Expert Testimony: Psychologists or grief counselors can provide credible insights into the emotional toll on survivors.
• Work With an Experienced Attorney: Vermont wrongful death claims can be legally intricate, and having a knowledgeable attorney ensures that claims are well-prepared and argued effectively.

Statistics on Non-Economic Damages and Wrongful Death

While Vermont-specific statistics on wrongful death damages are limited, national data highlights the importance of pursuing these claims:

• According to a 2019 study by the National Safety Council, the average economic cost of a preventable death in the U.S. exceeded $1.5 million, not accounting for non-economic damages.
• A 2020 analysis by the Insurance Information Institute revealed that wrongful death settlements often allocate between 30% and 50% of total awards to non-economic damages.

Conclusion

Non-economic damages play a vital role in Vermont wrongful death claims, acknowledging the profound emotional and relational losses families endure. While these damages cannot replace a loved one, they provide a sense of justice and recognition for the life lost. Families pursuing a claim should seek experienced legal counsel to navigate the complexities of Vermont law, ensuring they secure fair compensation for their intangible losses.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.