Losing a loved one because of the negligence or intentional act of someone else is devastating. In the state of California, surviving family members may pursue compensation via a wrongful death claim.
If you are grieving a family member’s wrongful death, what damages can you seek? In addition, how can you make informed decisions and take steps toward healing and financial recovery?
Economic and noneconomic damages
According to California law, the deceased’s spouse, domestic partner or children may initiate a wrongful death lawsuit. If there is no surviving person in the deceased’s line of descent, then anyone entitled to the decedent’s property by intestate succession can do so.
You can claim economic damages, which are tangible and quantifiable losses that result from the death of your loved one. These may include:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Lost income, including future earnings the deceased would have given
- Loss of pension, health insurance and other benefits
- The monetary worth of household services the deceased would have provided
Additionally, you may seek noneconomic damages, which are less easily quantifiable. These may include the loss of love, companionship, comfort, care, affection and moral support. Other examples are the loss of training and guidance and loss of enjoyment of sexual relations.
Punitive damages
Meanwhile, the court may award punitive or exemplary damages in some cases. However, these do not compensate family members for the wrongful death. Instead, these aim to punish the defendant for their extremely severe misconduct and prevent similar behavior in the future.
Seeking justice and financial security
While no amount of money can truly make up for the loss of your loved one, knowing the damages available in a wrongful death case can help you seek justice and financial security. With legal advice, you may navigate the intricacies of the law, protect your rights and pursue the compensation you deserve.