Losing a loved one is one of the most challenging experiences anyone can go through. The pain and suffering can be even more unbearable if their death was caused by someone else’s negligence or wrongdoing. In such cases, California law provides a legal remedy for the surviving family members through wrongful death damages.
California wrongful death damages are designed to compensate the surviving family members for the losses they suffered as a result of their loved one’s death. These damages can cover a range of expenses, including medical bills, funeral expenses, lost income, and pain and suffering.
In California, wrongful death damages are intended to compensate surviving family members for their financial and relational losses. They are generally compensatory rather than punitive, meaning the purpose is to address the harm suffered by the family rather than to punish the defendant.
In this article, we will discuss what wrongful death damages are, how they are calculated, and what factors influence their amount.
Here is what we will discuss in this article:
- What are California wrongful death damages?
- Who can file a wrongful death claim in California?
- How are California wrongful death damages calculated?
- Factors that influence the amount of wrongful death damages in California
- What types of damages can be recovered in a California wrongful death claim?
- FAQs
- Conclusion
What are California wrongful death damages?
Wrongful death damages refer to the compensation that surviving family members can receive when a loved one dies as a result of someone else’s negligence or wrongful act. Under California law, wrongful death claims can be filed against individuals, companies, or government entities.
Who can file a wrongful death claim in California?
In California, only certain family members can file a wrongful death claim. These include the deceased person’s spouse, domestic partner, children, grandchildren, and other dependents. If there are no surviving family members, the wrongful death claim can be filed by anyone who would be entitled to the deceased person’s property under California’s intestate succession laws.
You can read our full article to learn the nuances on who can file a wrongful death lawsuit in California here.
How are California wrongful death damages calculated?
Calculating the amount of wrongful death damages can be a complex process, which is why many families consult the best wrongful death lawyers to understand the full value of their claim. Typically, damages are divided into two categories: economic and non-economic. Economic damages refer to the financial losses suffered by the surviving family members, such as medical bills, funeral expenses, and lost income. Non-economic damages refer to the intangible losses suffered by the surviving family members, such as pain and suffering, loss of companionship, and emotional distress.
Economic damages may also include the loss of future financial support, the value of household services the deceased would have provided, and the loss of expected gifts or benefits. Non-economic damages may include the loss of love, companionship, comfort, care, assistance, protection, affection, moral support, training, and guidance.
California courts often look at the deceased person’s life expectancy, earning capacity, and the survivor’s life expectancy when estimating damages. The closer and more dependent the relationship, the greater the potential impact on the value of the claim.
Factors that influence the amount of wrongful death damages in California
Several factors can influence the amount of wrongful death damages awarded in California. These include:
- The deceased person’s age, health, and income
- The nature and extent of the wrongful conduct that caused the death
- The financial resources of the defendant
- The amount of insurance coverage available
- The relationship between the surviving family members and the deceased person
Other important factors can include the deceased person’s life expectancy, future earning potential, and the value of the services they provided to the household. In some cases, damages may also be reduced if the deceased was partially at fault under California’s comparative negligence rules.
Most California wrongful death claims do not have a general damages cap. However, wrongful death cases involving medical malpractice may be subject to statutory limits on non-economic damages.
What types of damages can be recovered in a California wrongful death claim?
Several types of damages can be recovered in a California wrongful death claim. These include:
- Economic damages: These include medical expenses, funeral expenses, lost income, and other financial losses.
- Non-economic damages: These include pain and suffering, loss of companionship, and emotional distress.
- Punitive damages: In cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.
In California wrongful death cases, non-economic damages are generally tied to the loss of the relationship itself, such as companionship, care, guidance, and support, rather than the survivor’s grief, sorrow, or emotional anguish alone.
Punitive damages are generally not available in a wrongful death claim itself. In some cases involving willful misconduct or extreme wrongdoing, punitive damages may be pursued through a separate survival action on behalf of the deceased person’s estate.
A wrongful death claim compensates surviving family members for the losses they personally suffered because of the death. A survival action is different. It allows the deceased person’s estate to recover certain damages the person incurred before death, such as medical expenses or other losses that arose between the injury and the death. In some cases, both actions may be filed together.
Have Questions? Talk to our experienced wrongful death lawyers now
If you need assistance with a wrongful death claim in California, contact GJEL Accident Attorneys today. Our experienced wrongful death attorneys have the knowledge and resources necessary to help you get the compensation you deserve. Schedule your free consultation today by visiting our website or calling us at 1-866-293-9364. Don’t wait – let us help you get the justice you deserve.
FAQs:
Q: How long do I have to file a wrongful death claim in California?
A: In California, you typically have two years from the date of your loved one’s death to file a wrongful death claim.
Q: Can I file a wrongful death claim if my loved one died in a car accident caused by someone else’s negligence?
A: Yes, you can
Q: Can family members recover damages for grief or sorrow in a California wrongful death case?
A: California wrongful death damages generally focus on the loss of financial support and the loss of the relationship, such as companionship, care, and guidance. They do not usually compensate survivors simply for grief or emotional sorrow.
Q: What happens if my loved one was partly at fault for the accident?
A: You may still have a claim, but the amount of compensation may be reduced based on the deceased person’s share of fault under California’s comparative negligence rules.
Q: Are punitive damages available in every California wrongful death case?
A: No. Punitive damages are generally not available in a wrongful death claim itself, though they may be possible in a related survival action in cases involving especially wrongful conduct.
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This article was written by Andy Gillin and updated on 03-10-2023
