Law

What Types Of Damages Can Be Recovered In A Claim For Wrongful Death?

An preventable accident resulting in the death of a loved one is among life’s most devastating events for any family. Grieving loved ones might seek justice and monetary recompense via a wrongful death lawsuit. This kind of lawsuit is governed by Section 377.60 of the California Code of Civil Procedure. You may be thinking, “What kind of compensation can you receive via a wrongful death case in California?” The solution is context-specific, although it’s possible to get money for both financial and non-financial losses. Personal injury lawyer present a more in-depth analysis of the types of compensation available in wrongful death cases in California.

Damages For Economic Loss Due To Death

Wrongful death cases often begin with an assessment of the financial losses suffered by the plaintiff’s family. A family that has lost a loved one may file a wrongful death case in Stockton, California, to get compensation for their financial losses. If you or a loved one has suffered any of the following losses, it is possible that you might be awarded monetary compensation:

  • Uninsured Medical Expenses

There is a chance that you may be asked to pay for medical care rendered to your deceased loved one’s family. The patient must be compensated for all out-of-pocket medical expenses.

  • Costs Associated With A Death And Burial

In the state of California, families may sue for the entire amount of funeral and burial costs. The costs associated with a funeral and burial should be paid for your family.

  • Elimination Of Direct Financial Aid

If you’ve lost direct financial assistance, you might be eligible for compensation as well. A spouse’s death might result in financial hardship, and a widow or widower who depended on that income may be eligible for monetary compensation.

  • Expenses Without Returns

If you lose your job and health insurance as a result, you may be entitled to monetary damages.

Non-Monetary Losses In Wrongful Death Claims

In a wrongful death lawsuit, families may seek compensation for more than just monetary damages. In most cases, the intangible losses (such as emotional distress) caused by a tragedy often surpass the monetary costs. Providing financial assistance to grieving families is one of the finest things the law can do, even though no amount of money will ever make up for a loved one’s death. You and your loved ones could be eligible to receive compensation for non-economic losses including, but not limited to:

  • Sadness At Parting From Friends And Family

You may be entitled to monetary damages for emotional distress caused by the death of a loved one. This is the amount of time and love you would have spent with your loved one if the tragic event hadn’t happened.

  • Separation Anxiety

To seek monetary compensation for emotional pain and suffering after a loved one’s death is a legal option in California for any surviving relatives who qualify to file a wrongful death claim. The pain of losing a loved one can never be fully described. This is a loss that has to be made up for.

  • Loss Of Mentorship And Direction

It’s possible that a kid or children who lose a parent or parents might get compensation for the education and direction they would have received otherwise. When the sufferer has little children, compensation of this kind is often granted.

  • Dissolution Of Sexual Contact

A surviving spouse may also file a claim for damages if they were unable to have sexual intercourse with their partner because of their partner’s death. Loss of sexual closeness is seen as a significant hardship for a spouse in California.

Survival Action Claims May Offer Extra Compensation

A survival action suit in California may also allow a deceased person’s family to get financial recompense for their loss. Both wrongful death claims and survival actions may be brought at the same time, but they are not the same thing. Family members may file a wrongful death claim to get financial and non-financial compensation for their losses after a loved one’s death. Family members may file a survival action claim to seek the compensation the victim would have received in a personal injury case had they survived the incident. The following are some examples of potential extra compensation that might be obtained via a survival action claim:

  • victim’s out-of-pocket costs for treatment;
  • The victim’s other monetary losses; and
  • Compensation for the victim’s suffering after the accident but before their death.

Survival action claims are governed by stringent procedures. The personal representative of the victim’s estate must submit these claims under California Code of Civil Procedure 377.30. A survivor’s right to any money awarded in a successful California survival action case remains unaffected. Keep in mind that there is no need for a household to choose between the two. A wrongful death complaint and a survival action claim may both be warranted. A knowledgeable wrongful death attorney in Stockton, California, can answer your questions and address your worries concerning survival action claims.

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