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 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. 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.

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

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.

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

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This article was written by Andy Gillin and updated on 03-10-2023