There is a formula for paying non-economic damages in death claims. Is there any possibility of receiving an award for non-economic damages in excess of the formula?
Yes, but only in rare circumstances. In death cases, the fund generally will pay $250,000 for the decedent’s non-economic damages and $100,000 each for the non-economic damages of a surviving spouse and dependent. The federal regulations governing the fund give the Special Master the discretion to consider a claimant’s overall financial circumstances when making an award. There are rare instances when the Special Master has awarded economic damages in death claims in excess of the formula.
