If you have lost a family member and their death was due to an injury in an accident in which someone else was at fault, then you might have grounds for a wrongful death lawsuit. Only certain family members are qualified to file this case, but if you fall into one of those categories then you might be able to recover compensation for several types of damages.
Read on to learn what those damage types are. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like to request a free legal consultation with an attorney.
Economic Damages
In California, economic damages can include financial support the deceased would have provided if they had lived, the cost of their funeral and burial, the loss of gifts/benefits the heirs would likely have received from the deceased, and reasonable value of household services the deceased would have provided.
For example, if a man’s wife died in a motorcycle accident and she was the one who generally handled paying the bills, then the widower could recover damages for the cost of hiring an accounting professional to handle it. If a woman lost her husband and he was the one who took the kids to school and cleaned the house, she could then sue for the cost of hiring someone else to do these tasks.
Noneconomic Damages
Noneconomic damages refers to damages for which there is no direct monetary value. For example, the loss of companionship, affection, moral support, and protection. If a child loses their parent and their parent is then not there to teach them how to drive when they turn 16, what is the value of the loss of training and guidance? If a wife loses her husband, what is the value of her loss of sexual relations?
There is no specific standard used to determine how much noneconomic damages are awarded in a wrongful death case. The jury can decide to award whatever they believe is reasonable. Know that noneconomic damages can not include compensation for pain and suffering. Punitive damages, i.e. damages used to punish the at-fault party, cannot be awarded in a wrongful death case.
Determining the Period for Which Damages Can Be Recovered
If an heir sues for the lost income of their parent, the question is: How long should that last? The period is the shorter of either when the deceased’s life expectancy was at the time of the act that took their life, or the life expectancy of the plaintiff when the wrongful act occurred. The jury will consider a person’s health, lifestyle, and other factors to determine life expectancy.
Do you have questions about recovering damages in a wrongful death case? Do you need to request a free legal consultation? You can contact Law Offices of Fernando D. Vargas at 909-982-0707.
