The Damages Available in a Wrongful Death Action
When your loved one has died because of the carelessness or negligence of another person, no amount of money can fully compensate you for your losses. It is appropriate, however, to hold the wrongful party accountable for their conduct, both to compensate you for actual expenses, and to ensure that their malfeasance is not without consequence.
What You Can Expect to Recover after the Wrongful Death of a Loved One
In California, individuals and families who have lost a loved one in an accidental death have the right to seek compensation for a wide array of losses. These damages are customarily divided between what are considered economic damages and what are called non-economic damages.
Economic damages are those that generally easily calculable, such as:
- The loss of any financial or other type of support the deceased would have provided to the plaintiff, from the time of death and for their life expectancy
- Loss of household services that would have been provided by decedent
- Any medical or hospital expenses related to the accident that caused death
- The costs associated with funeral services and burial
Non-economic damages are more subjective, and usually include:
- The loss of comfort, companionship, love, affection and moral support
- The loss of parental care, advice and training
- The loss of enjoyment of sexual relations
California law specifically prohibits considering any of the following when making a determination of damages in a wrongful death case:
- Whether the deceased experienced pain and suffering as a result of the accident
- Whether the surviving family members experienced grief, sorrow or mental distress
- The financial status/health of the plaintiff
Contact the Law Offices of J. Lewis & Associates
To discuss your legal needs with an experienced Riverside wrongful death lawyer, contact our office online or call us toll-free at 9516820488. There is no charge for your initial consultation. Se Habla Espanol.