Determining California Wrongful Death Damages & Compensation
Losing a loved one is a deeply painful and traumatic experience. When their death is caused by someone else’s negligence or wrongdoing, the grief can be even more overwhelming. In California, the law recognizes the impact of such losses and provides recourse through wrongful death claims.
This blog will explore what California wrongful death damages are, how they are determined and computed, and why seeking justice through a wrongful death case can help families cope financially during these trying times.
Was your loved one’s death due to someone’s negligence?
What are Wrongful Death Damages?
Wrongful death damages are monetary compensation awarded to the surviving family members of a deceased person whose death was caused by the wrongful act or negligence of another party. These recoverable damages aim to help the family members cope with the financial burden resulting from their loved one’s death and provide some measure of justice and closure.
California wrongful death damages include:
Economic Damages
These are tangible financial losses incurred due to the death of the loved one. They may include:
- Medical expenses
- Funeral expenses, including burial costs
- Lost wages the deceased would have earned, loss of future financial support, and the value of household services the deceased would have provided.
Non-Economic Damages
Non-economic damages in a wrongful death claim address the intangible emotional losses suffered by the surviving family members due to the untimely loss of their loved one. These are:
- Emotional distress
- Loss of companionship and love
- Loss of consortium
- Loss of guidance
The court considers the relationship between the deceased and the surviving family members to determine the extent of these damages.
Punitive Damages
Punitive damages are designed to penalize the responsible party for their negligent actions that led to the wrongful death. These damages are not intended to alleviate the economic or non-economic losses suffered by the family, but rather to serve as a deterrent and to emphasize the gravity of the negligent behavior that resulted in the death. The availability and determination of punitive damages in a wrongful death case are typically discussed during a wrongful death lawsuit.
California Wrongful Death Laws
In California, wrongful death claims are governed by California Code of Civil Procedure Section 377.60-377.62.
This law states that the following family members (or their personal representatives) have the right to file a lawsuit:
- Surviving spouses,
- Domestic partners,
- Children,
- Grandchildren (if the deceased person’s children are also deceased), including children of the victim’s deceased child (if an)
- Other minor children (e.g., stepchildren) who relied on the deceased for at least 50% of their financial support, and
- Anyone else who would be entitled to inherit the deceased’s property under California’s laws on intestate succession.
Additionally, the wrongful death statute of limitation is two years from the date of death. It allows the surviving family members of the deceased victim to initiate a legal action to pursue wrongful death compensation for economic and non-economic damages from the responsible party within that period.
Case Studies Involving Wrongful Death Claim in California
In one California wrongful death claim, the family was awarded $100,000 in wrongful death damages to the family of a minor, who tragically lost his life due to a pedestrian accident. Our team ensured that the family receives maximum financial compensation, including punitive damages, holding the negligent parties accountable while providing financial relief to the bereaved family.
Another case involves a hit-and-run case of a motor vehicle accident involving a pedestrian. The victim was found lifeless, left against the dirt beam without any assistance after the accident. Our team helped his mother, our client, file personal injury claims for compensatory damages, including burial expenses and intangible losses.
Unsure of what to do next after a family member’s death due to an accident?
Consult with a Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence is a devastating event. California wrongful death damages are designed to help families cope with the financial repercussions of such losses and obtain a sense of closure and justice.
By working with a caring and knowledgeable law firm, families can navigate the legal system with support and have a better chance of securing the compensation they need to move forward. Remember, in these challenging times, the law is on your side to seek justice for your loved ones.
Farahi Law Firm is dedicated to providing compassionate and effective legal advice to families seeking justice through a wrongful death action. We have a team of experienced wrongful death lawyers, medical experts, and case handlers who strive to ensure that families receive the compensation they deserve while being supported throughout the legal process.
We work on a contingency basis. No fees unless we win.
Call (844) 824-2955 for a free case consultation with our wrongful death lawyer in Los Angeles.
