December 29, 2020
What Can I Recover in a Wrongful Death Case in California?
When the death of a loved one was caused by the negligence of another party, certain family members may be entitled to bring a wrongful death claim against the responsible party. Although money can never make up for the death of another, compensation under a wrongful death claim is for specific damages resulting from that death. Families who have lost a loved one need to contact a California wrongful death lawyer like one of ours to learn what rights to compensation they may have.
Damages in a Wrongful Death Case
Under California Law, “damages” is the measure of relief that a party may be entitled to in a lawsuit. Personal injury cases and wrongful death actions typically result in damages that are compensatory, or monetary in nature. There are different types of monetary damages which are proven down into economic and noneconomic claims.
Economic damages are quantifiable financial losses stemming from the death of a loved one. They are to compensate particular surviving family members for things such as the financial support, household services, or other financial benefits that the victim would have provided had he or she survived. Medical costs and those associated with a funeral, a burial, or cremation are also damages that are covered under economic damages.
Certain surviving family members also may pursue compensation for what are referred to as noneconomic damages, or emotional damages also known as pain and suffering. Although these cannot be financially quantified, they are just as important to a wrongful death claim as those that can. Noneconomic damages are losses of love and companionship, emotional support, and comfort and care that are no longer available due to the death of the family member. In addition, a family may be entitled to recover the pain and suffering that a loved one endured prior to death in a special type of action known as a “survival action.”
Ask Our California Personal Injury Law Firm for Help
Determining whether your family has a right to file a wrongful death action or survival action after a loved one has died weeks, months, or even years after a negligent action should be left to an experienced professional. Here at the Amicus Legal Group, we conduct a case-by-case evaluation of wrongful death claims to determine what rights families have. Call to speak with an experienced California wrongful death lawyer at our firm in a FREE consultation by dialing (888) 588-1777. We are ready and willing to help.