Wrongful Death Claim in California: What Types of Damages Are Available?

Michael Waks

5 months ago

Losing a loved one due to someone else’s negligence is an unimaginable tragedy. In California, a wrongful death claim provides a legal avenue for surviving family members to seek compensation for their loss. Knowing the types of damages available in such claims is essential for understanding your rights and options during this difficult time. Here’s a breakdown of the damages that may be available in a wrongful death lawsuit in California.

Economic Damages in a Wrongful Death Claim

Funeral and Burial Expenses: These include the costs associated with the deceased’s funeral arrangements and burial or cremation.

Medical Expenses: Any medical bills incurred as a result of the injury leading to the wrongful death may be recoverable. This includes hospitalization, treatment, and related expenses.

Loss of Financial Support: Surviving family members may be entitled to compensation for the loss of the deceased’s financial contributions, including income, benefits, and other forms of support.

Non-Economic Damages

Loss of Consortium: This refers to the loss of companionship, love, affection, and intimacy experienced by the surviving spouse or domestic partner due to the wrongful death.

Loss of Guidance and Parental Support: Children who lose a parent may be entitled to compensation for the loss of guidance, care, and support that the deceased would have provided.

Pain and Suffering: While the deceased cannot directly recover for pain and suffering, surviving family members may be eligible for compensation for the pain and suffering endured by their loved one before their death.

Punitive Damages

In cases involving particularly egregious conduct, the court may award punitive damages. These damages are intended to punish the at-fault party and deter similar conduct in the future. However, punitive damages are relatively rare and typically reserved for cases involving intentional misconduct or gross negligence.

Calculating Damages

The calculation of damages in a wrongful death claim can be complex and may require the expertise of financial and legal professionals. Factors such as the deceased’s age, earning capacity, and life expectancy, as well as the circumstances surrounding the wrongful death, will all be taken into account when determining the value of the claim.

Seeking Legal Guidance

Navigating a wrongful death claim in California can be overwhelming, especially while grieving the loss of a loved one. Consulting with an experienced personal injury attorney who specializes in wrongful death cases can provide invaluable support and guidance. An attorney can help you understand your legal rights, gather evidence, calculate damages, and advocate for fair compensation on your behalf.

Conclusion

While no amount of compensation can ever fully compensate for the loss of a loved one, pursuing a wrongful death claim in California can provide financial support and a sense of justice for surviving family members. Understanding the types of damages available and seeking legal guidance from a compassionate and knowledgeable attorney can help you navigate the legal process and secure the compensation you deserve during this challenging time.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.