What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?

The death of a loved one can lead to significant emotional pain for the surviving family members, along with financial hardships. These financial losses often stem from medical bills and burial expenses incurred during the challenging time.

As a result, the law allows the deceased's family members to seek compensation for their losses through a wrongful death lawsuit.

Below are the types of damages you may be entitled to recover in a wrongful death claim in California.

An Overview of California's Wrongful Death Law

When a loved one dies due to another person's negligence or intentional actions, the surviving family members have legal options. Under Section 377.60 of California's Code of Civil Procedure, they can file a wrongful death lawsuit against the responsible party.

This type of claim enables the family members to recover losses resulting from their loved one's death, while also helping to prevent future financial hardships.

What Types of Damages Can Be Awarded in a Wrongful Death Claim in California?

"Damages" is a legal term that refers to the losses claimed by the plaintiff in a wrongful death case. In the context of California wrongful death and personal injury claims, damages represent the compensation sought by the plaintiff to recover financial losses and suffering caused by the incident. Understanding the types of damages available in a wrongful death claim is essential for those seeking justice and compensation in California.

What Types of Damages Can Be Recovered in a California Wrongful Death Case?

In a successful wrongful death claim, the decedent's family members (the plaintiff) may be entitled to damages designed to compensate them for their losses. These compensatory damages can include both economic and non-economic losses, as outlined under California Civil Jury Instructions (CACI) No. 3921. Understanding the types of damages available can help surviving family members recover the compensation they deserve in a California wrongful death case.

Economic Damages

California Civil Jury Instructions (CACI) No. 3921 outlines the economic damages that can be recovered in a wrongful death claim, including:

• Funeral and burial costs
• Financial support the deceased would have provided to the family during their lifetime
• Loss of gifts or benefits the plaintiff would have received from the deceased
• The estimated value of household services the deceased would have contributed to the heirs

Non-Economic Damages

Non-economic damages that may be recovered in a wrongful death lawsuit are intended to compensate family members for the emotional and personal impacts of their loss, including:

• Loss of the deceased’s love, companionship, affection, protection, assistance, and emotional support
• Loss of the deceased’s guidance and advice
• Loss of the enjoyment of sexual relations with the deceased

It's important to note that there is no set cap on the amount of non-economic damages in a California wrongful death lawsuit. This means that the jury has the discretion to award a reasonable amount based on the specific circumstances, evidence, and common sense.

How Is the Value of a Wrongful Death Claim Determined in California?

In most California wrongful death claims, insurance companies are involved, and settlement negotiations are common. These negotiations typically continue until both parties agree on a fair settlement amount. However, if an out-of-court settlement cannot be reached, the case may go to trial, where a judge and jury will determine the appropriate compensation.

The process for determining the award involves evaluating both economic and non-economic damages.

Economic damages are calculated based on hard evidence, such as receipts, bills, and the deceased’s pay stubs. The surviving family members' immediate economic losses, along with projected future losses, are combined to estimate the total value of economic damages.

Non-economic damages, which are more complex, are determined by the jury based on multiple factors, including evidence and common sense, to arrive at a reasonable amount for pain and suffering, emotional distress, and other intangible losses.

Can Heirs Receive Punitive Damages in a California Wrongful Death Lawsuit?

Under California’s wrongful death law, heirs cannot recover punitive damages. Punitive damages can only be pursued through a survival action filed on behalf of the decedent’s estate.

What is the Time Limit for Filing a Wrongful Death Claim in California?

In California, the statute of limitations for a wrongful death claim is two years. This means a claim must be filed within two years of the date of your loved one's death.

It’s crucial to consult with an experienced wrongful death attorney who can guide you through the legal process, explain the laws relevant to your case, and help you explore your available options. This ensures you make an informed decision and increases the chances of a successful claim.

Contact Our Wrongful Death Attorneys in California

If your loved one’s death was caused by someone else’s negligence, you may be entitled to compensation under California’s wrongful death law. However, pursuing a wrongful death claim can be complex. You must meet specific legal requirements to qualify for damages and file your claim within the statute of limitations.

At Tulekyan Law, our experienced wrongful death attorneys are here to protect your rights and guide you through every step of the claims process. Contact us today for a free case evaluation and let us help you seek the justice and compensation you deserve.