Wrongful Death Damages in California: What You Can Recover

Understanding the Risks and Causes of Truck Accidents

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. Understanding what wrongful death damages are available in California is essential for families pursuing justice and financial recovery after such a devastating loss.

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.

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 wrongful death damages available is essential for those seeking justice and compensation in California.

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

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 compensate family members for emotional and personal impacts, 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 California Determines the Value of a Wrongful Death Claim

Insurance companies typically participate in settlement negotiations in California wrongful death claims. Negotiations usually continue until both parties reach an agreement. However, if an out-of-court settlement fails, the case may proceed to trial, where a judge or jury determines appropriate compensation.

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

Economic damages are calculated using evidence such as receipts, bills, and the deceased’s pay stubs. Immediate economic losses and projected future losses combine to estimate total economic damages. 

Non-economic damages, more subjective, depend on jury evaluations of emotional distress and intangible losses.

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

California wrongful death law prohibits heirs from recovering punitive damages directly. Punitive damages can only be pursued through a survival action filed by the decedent’s estate.

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

California's statute of limitations for wrongful death claims is two years. You must file the claim within two years of your loved one's death. Consulting an experienced wrongful death attorney ensures proper understanding and adherence to legal deadlines, increasing the likelihood of a successful claim.

Contact Our Wrongful Death Attorneys in California

If another person’s negligence caused your loved one's death, you might 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.