Losing a loved one is an emotionally devastating experience, especially when it results from someone else’s negligence or misconduct. In California, surviving family members qualify for compensation through a wrongful death lawsuit. Understanding the types of damages you can claim is crucial when considering legal action.
Economic damages
Economic damages are quantifiable financial losses resulting from the death of your loved one. These may include:
- Costs associated with the funeral service and interment
- Healthcare expenses incurred due to the fatal injury or illness
- Future income the deceased would have contributed to the family
- Potential benefits or gifts the family would have received from the deceased
- Estimated value of household tasks and responsibilities the deceased would have fulfilled
It is important to note that courts calculate these damages based on the deceased’s life expectancy and earning potential.
Non-economic damages
Non-economic damages are less tangible losses that are harder to quantify but equally significant. These may include:
- Loss of love, companionship and affection
- Loss of moral support and guidance
- Loss of sexual relations (in the case of a spouse)
- Emotional pain and suffering experienced by surviving family members
No amount of money can truly compensate for the loss of a loved one due to someone else’s negligence. However, these damages aim to acknowledge the profound impact of the death on the surviving family members.
The court may also award surviving family members punitive or exemplary damages. While these do not provide compensation, they may punish the defendant for their actions that led to the victim’s death.
Seeking legal guidance
Navigating a wrongful death case can be complex and emotionally taxing. Consider consulting an attorney who could guide you through the legal process, help you understand your rights and ensure you seek appropriate compensation for your loss.