To ask about the “worth” of a wrongful death case feels inherently wrong. It’s a question that forces a cold, financial lens onto an invaluable and irreplaceable human life. We want to state unequivocally: no amount of money can ever truly compensate for the loss of a spouse, a child, or a parent. The love, memories, and future you planned together are priceless.
The legal system, however, must operate within a framework of monetary compensation. The purpose of a wrongful death lawsuit in Hawaii is not to assign a value to a person’s life, but rather to calculate the profound financial and emotional losses suffered by the surviving family members. The goal is to provide the financial resources necessary to secure the family’s future and to hold the responsible party accountable for the immense harm they have caused.
Calculating these damages is a comprehensive and deeply personal process. In Hawaii, compensation in a wrongful death claim is designed to cover several distinct categories of loss.
Damages for the Financial Void: Economic Losses
The most direct and calculable damages are those related to the financial support and services the deceased would have provided to the family had they lived. An attorney’s job is to meticulously build a case that demonstrates the full extent of this financial devastation.
- Loss of Future Earnings and Financial Support: This is often the largest component of economic damages. It represents the total amount of income the deceased would have been reasonably expected to earn and contribute to the family over the course of their natural life. This is not a simple multiplication of their current salary. To calculate this accurately, we work with forensic economists who conduct a sophisticated analysis, considering factors like:
- The deceased’s age, health, education, and career trajectory.
- Potential for future promotions, raises, and bonuses.
- The value of benefits like health insurance and retirement contributions (e.g., 401(k) matching).
- Inflation and other economic trends.
The economist then projects these future earnings and calculates their present-day value to be included in the claim.
- Loss of Services, Care, and Assistance: This category compensates the family for the monetary value of the essential services the deceased provided to the household. Think of all the unpaid labor that keeps a family running: childcare, home maintenance and repairs, cooking, cleaning, managing family finances, and transportation. If the surviving spouse now has to hire people to perform these tasks, the cost of those replacement services can be recovered.
- Funeral and Burial Expenses: The immediate, out-of-pocket costs for the funeral, burial, or cremation services are recoverable as a direct economic loss.
Damages for the Human Void: Non-Economic Losses
These damages are intended to compensate the family for the profound, intangible losses that represent the true human cost of the tragedy. While harder to quantify, they are no less real and are a critical part of any wrongful death award.
- Loss of Companionship, Comfort, Care, and Love (Loss of Consortium): This is the core of the non-economic damages. It seeks to compensate the surviving spouse, children, and parents for the loss of the unique emotional bonds they shared with the deceased. It includes the loss of love, affection, solace, moral support, guidance (in the case of a parent-child relationship), and the simple comfort of their presence. The value of these damages is deeply personal and depends on the nature and closeness of the relationship.
- Damages for the Deceased’s Pre-Death Pain and Suffering (Part of a Survival Action): As discussed in our companion blog, a separate “survival action” can be filed by the deceased’s estate. A major component of this claim is compensation for any conscious pain, suffering, and emotional distress the deceased endured from the time of the injury until their death. If a person was aware of their impending death or suffered for hours or days before passing, this can be a significant element of the overall recovery.
Factors That Influence the Final Settlement Value
The final value of a wrongful death settlement or verdict is not predetermined. It is influenced by a number of critical factors:
- The Age and Health of the Deceased: The potential lifetime earnings of a 30-year-old professional are significantly higher than those of a 70-year-old retiree, leading to a higher economic damage calculation.
- The Number of Dependents and the Nature of Relationships: The value of the claim will be influenced by the number of statutory beneficiaries and the strength and closeness of their relationships with the deceased.
- The Clarity of Liability: The stronger the evidence proving the defendant’s negligence was the direct cause of death, the greater the likelihood of a substantial settlement.
- Insurance Policy Limits: As with any personal injury case, the amount of available insurance coverage held by the at-fault party is a major practical limitation on the amount of money that can be recovered. A thorough investigation into all possible sources of coverage is essential.
- The Skill of Your Attorney: An experienced wrongful death lawyer knows how to tell your loved one’s story. They know how to gather the evidence, hire the right experts, and powerfully articulate the full scope of your family’s loss to an insurance company or a jury, fighting to secure a result that honors your loved one and protects your family’s future.
We understand that this is more than a legal case—it’s about your family’s future. If you have lost someone you love, please contact the Law Office of David Eugene Smith. We will handle your case with the compassion, dignity, and tenacity it deserves.