How to Measure the Impossible: Damages in the Wrongful Death of a Child.
There is perhaps nothing more terrifying for a parent than losing a child. Perhaps even more horrifying is losing a child due to the negligence of another, but it happens. When parents are dealing with these unthinkable situations, they are asked to let a judge or a jury put a price tag on the life of their lost child. This is how that process works:
Damages: The Wrongful Death of a Minor
The measure of damages in a wrongful death case involving a minor includes both pecuniary and non-pecuniary losses. Specifically, recoverable damages encompass the loss of the child's society, comfort, and companionship, as well as the monetary contributions the parents could reasonably have expected to receive during the child's minority and potentially beyond. The term "society" broadly includes love, affection, care, attention, companionship, comfort, and protection.
Courts have clarified that damages for the wrongful death of a minor are not limited to strict monetary contributions. Instead, the intrinsic value of the parent-child relationship is recognized, and the destruction of that relationship through wrongful death entitles the parents to compensation. Evidence regarding the quality and extent of the parent-child relationship may be used to determine the amount of damages. However, damages for mental suffering, bereavement, or solace are not recoverable.
The determination of damages is largely left to the jury's discretion, as there is no precise formula for calculating the value of the loss of society, comfort, and companionship. The jury must consider the circumstances of each case, including the child's characteristics, the relationship with the parents, and other relevant factors. The law does not require evidence of a specific dollar value for companionship or advice, as these are subjective and non-monetary losses.
Factors Considered by a Jury for Monetary Damages
The monetary value of a minor's companionship in a wrongful death case is determined by considering a variety of factors, with the ultimate valuation left to the discretion of the jury. Courts have consistently recognized that recoverable damages in such cases include the pecuniary value of the loss of the child's society, comfort, and companionship. Again, the term "society" is broadly defined to encompass mutual benefits such as love, affection, care, attention, companionship, comfort, and protection.
The following factors are typically considered in determining the monetary value of a minor's companionship:
1. The Parent-Child Relationship: Courts recognize the intrinsic value of the parent-child relationship, even if the relationship is less than perfect. Evidence about the quality and extent of the relationship may be used to determine the amount of damages. For example, courts have emphasized the intrinsic value of the parent-child bond and held that damages for loss of society must be determined based on the specific facts of each case.
2. Mutual Benefits of the Relationship: The jury may consider the broad range of mutual benefits family members receive from each other's existence, including emotional and non-monetary contributions such as love, care, and companionship.
3. The Child's Characteristics and Contributions: Factors such as the child's physical and mental health, life expectancy, and the services, comfort, or companionship provided to the parents before death are relevant. The prospect of future changes in these contributions may also be considered.
4. The Parents' Life Expectancy: The life expectancy of the parents is another factor, as it relates to the duration of the loss of companionship they will experience.
5. Pecuniary Value of Companionship: While damages for loss of companionship are considered to have pecuniary value, Nebraska courts have clarified that this value is not subject to strict accounting methods or monetary contributions. Instead, it is determined based on the unique circumstances of each case and the jury's good judgment and common sense.
6. No Requirement for Specific Dollar Evidence: Nebraska law does not require evidence of a specific dollar value for companionship, counseling, or advice. This determination is left to the jury's discretion, as damages in wrongful death cases are inherently difficult to compute with precision.
Ultimately, the valuation of a minor's companionship is a fact-specific inquiry, and the jury is tasked with considering all relevant circumstances to arrive at a fair and reasonable determination of damages. The courts have emphasized that there is no exact formula for calculating these damages, and the process is largely guided by the jury's sound discretion.
