If you are suddenly thrust into a situation involving wrongful death, there is a lot of confusion, pain and chaos. When things settle down and you begin to determine your next steps, you may decide to pursue a legal avenue for compensation. In this capacity, you are likely to hear the terms pecuniary losses and non-pecuniary losses. This article will discuss what those terms mean, and how they may possibly relate to your situation.
A pecuniary loss is defined as the financial loss a family member experiences when a person has died due to another party’s negligence. This includes the loss of financial support, as well as any travel, medical, and funeral expenses incurred by the family. When calculating what the family members will recover in damages, the jury will consider the income the person made before their death and determine the person’s income potential in the future.
As you might expect, a non-pecuniary loss is the opposite of a pecuniary loss. Non- pecuniary losses include damages that cannot be measured in financial terms. These factors consist of pain and suffering and loss of enjoyment.
When a personal injury claim is filed, the amount of compensation awarded is determined considering several factors. These factors will be designated as pecuniary or nonpecuniary loss.
Pecuniary Losses
Pecuniary losses are those that can be measured in financial terms. They are easily measured and therefore constitute the most common type of financial retribution in a personal injury lawsuit. Pecuniary losses factor in both the victim’s losses, and the losses the victim’s family experiences. Here are some examples:
● Medical Expenses: Medical costs include any care needed as a result of the incident, including emergency transportation, surgeries, medications, physical therapy or chiropractic care.
● Wage Replacement: Missing work after a serious injury is common. Wage replacement includes both the work missed presently, and an estimation of future missed wages.
● Loss Of Earning Capability: Loss of earning capacity occurs when the injury has adversely affected the claimant’s ability to work or pursue their chosen career. This sometimes results in having to work a lower paying job, which also results in lost future wages.
● Future Medical Care: If applicable, the claimant may need hospice care or ongoing physical therapy. This category also includes the cost of care by family members who may have to sacrifice their wages to provide ongoing care.
● Cost Of Property Damage: The cost of any physical damages, such as a car which has been totaled, will be calculated into this category.
During the course of your case, your attorney will show pecuniary losses by providing physical proof such as bills, receipts, paycheck stubs and tax documents. Be sure to keep records of all these items in order to receive the full compensation you deserve.
Non-Pecuniary Losses
Non-pecuniary losses are trickier to measure than pecuniary losses. These losses are the intangible and ancillary costs that occured as a result of the injury. The required burden of proof for non-pecuniary losses is much higher, so be sure to speak with your personal injury attorney as to how to present these items.
Because they typically do not have corresponding receipts to look at, the court will consider the age of the claimant, the nature and severity of the injury, as well as its duration and the effect on quality of life.
● Emotional Distress: Includes depression, anxiety attacks or PTSD
● Impairment Of Life: Includes any degradation of quality of life
● Impairment Of Relationships: Includes any negative impact on the claimant’s familial, marital, or social relationships.
● Impairment of Mental/Physical Abilities: Includes any loss of natural intellectual and physical abilities.
Don’t Go It Alone
If you or a loved one has suffered an injury due to someone else’s negligence and are suffering life-altering consequences, you do not need to feel helpless. Call a personal injury attorney to discuss the merits or your case, and to decide a course of action to get the compensation you deserve.
Probinsky & Associates is a personal injury and immigration law firm with offices in Sarasota, Tampa and Orlando.
