Posted on Monday, September 15th, 2025 at 12:25 am
Understanding Emotional Damages in a Wrongful Death Claim
When families lose a loved one due to negligence or wrongful conduct, the loss extends far beyond financial hardship. Survivors experience grief, sorrow, and emotional pain that the law recognizes as compensable damages in a wrongful death claim in Utah.
While economic damages like funeral costs and lost wages are important, emotional damages ensure families receive recognition for the profound personal losses they’ve suffered.
This article breaks down what emotional damages cover, how Utah courts approach them, and why working with an experienced attorney is essential.
What Are Emotional Damages?
In a Utah wrongful death case, emotional damages fall under non-economic damages. These compensate survivors for intangible, deeply personal losses that cannot be measured in dollars and cents. They may include:
Grief and mental anguish: Emotional pain and suffering caused by the loss.
Loss of companionship and society: The loss of the deceased’s love, comfort, and presence.
Loss of parental guidance and nurturing: For children who no longer have a parent’s care and advice.
Loss of consortium: For spouses, the loss of intimacy, affection, and marital relationship.
These emotional damages reflect the human impact of wrongful death in Utah, providing financial acknowledgment for losses that are otherwise immeasurable.
Emotional Damages vs. Economic Damages
It’s important to distinguish emotional damages from economic damages in a wrongful death case:
Economic damages include medical bills, funeral expenses, lost income, and lost household services.
Emotional damages focus on the personal, relational, and psychological impact on survivors.
Both play a crucial role in ensuring families are compensated fully. You can read more about these categories in our Wrongful Death practice area page.
How Utah Law Treats Emotional Damages
Utah’s wrongful death statutes—particularly Utah Code §78B-3-106—allow recovery for both economic and non-economic damages. Unlike economic damages, there is no set formula for emotional damages. Instead, the court (or a jury) considers factors such as:
The relationship between the deceased and the survivors.
The age and health of the deceased.
The emotional impact of the loss on surviving family members.
Expert testimony, such as from psychologists, to demonstrate the depth of loss.
These damages are often the most significant part of a wrongful death settlement or verdict in Utah.
Punitive Damages: Beyond Compensation
In certain cases—such as those involving drunk driving or gross negligence—Utah courts may also award punitive damages. While not emotional damages, these awards punish the wrongdoer and deter similar conduct in the future.
Filing a Wrongful Death Claim for Emotional Damages
Not everyone can file for emotional damages in a wrongful death claim. Under Utah Code §78B-3-105, eligible parties generally include:
Surviving spouses
Children (including adopted children)
Parents (if the deceased was unmarried or without children)
Stepchildren under certain circumstances
A personal representative of the estate
We explain this further in our guide on who can file a wrongful death claim in Utah.
Why Legal Representation Matters
Calculating emotional damages in a wrongful death claim is not straightforward. Insurance companies often minimize or dispute these claims, arguing they are “too subjective.” A skilled wrongful death attorney in Utah can:
Document and present the emotional toll on survivors.
Retain expert witnesses to support your claim.
Ensure the full value of non-economic damages is pursued.
Handle negotiations or take your case to trial if needed.
Take the Next Step
The emotional cost of losing a loved one is immeasurable. While no amount of money can bring them back, pursuing a wrongful death claim in Utah helps families find justice and financial security.
If your family is grieving due to someone else’s negligence, don’t face the process alone. Contact London Harker Injury Law today for a free consultation. Call us at 77CARCRASH to learn how we can help you recover both economic and emotional damages.
