Talking about financial damages after the wrongful death of a loved one can feel wrong; it feels like putting a price on the loss of a family member. But that’s not what it is. There’s only so much the court can do to make you whole, and because of that, they have to put a financial value on your loss. While nothing can truly repair what’s been done, you do deserve a shot at justice after a loved one’s death. If you find yourself in this situation, you may need a wrongful death attorney in California to guide you through the legal process. Learn more about your options in Southern California by contacting the team at DeWitt Algorri & Algorri. We understand the pain you’re going through and we’ll advocate for you aggressively while you heal. Call us at 855-WINNING (946-6464) to get started.
Each state has its own laws regarding wrongful death claims, and it’s important to verify that you are legally permitted to file before you move forward. In California, first priority goes to the deceased’s spouse or domestic partner, the deceased’s surviving children, and the children of any deceased children of the person who passed away. If there’s no one in this group to pursue a claim, other parties who may file a lawsuit include anyone who would inherit from the decedent under California’s intestate succession laws. If you need assistance navigating these regulations, reaching out to a California wrongful death law firm can provide the necessary expertise and support. Finally, anyone who was financially dependent on the decedent may be able to file a claim. This includes their putative spouse, the children of their putative spouse, stepchildren, parents, and legal guardians. Additionally, the statute of limitations is generally two years from the date of death.
It’s crucial to act swiftly if you believe you have a case, and consulting a wrongful death lawyer can help ensure you meet all legal deadlines and requirements.
Economic Damages
Plaintiffs may receive economic damages to make up for the actual financial losses suffered because of their loved one’s death. Economic damages include the financial support that the decedent would have provided to the family if they had survived, funeral and burial expenses, the loss of financial support or benefits the family would have received from the deceased, and the financial value of the household services provided by the deceased. This last one can vary quite a bit in value. For example, someone who was largely a financial provider for the family may have done a handful of chores around the house. The cost of securing those household services may not be substantial. But if the decedent was, for example, a stay-at-home parent, the surviving family members may need a nanny, housekeeper, and other forms of support to keep the family running smoothly.
Non-Economic Damages
Non-economic damages aim to compensate family members for the non-financial losses resulting from their loved one’s death. Again, there’s no real way for the court to compensate you for the loss of a loved one’s support and companionship, but financial compensation is their only remedy. Types of damages included in non-economic damages are the loss of love and companionship, a spouse’s loss of intimacy, and loss of the decedent’s guidance.
Punitive Damages
The topic of punitive damages is fairly complicated under California law. In a regular wrongful death lawsuit, you can only seek punitive damages if the at-fault party intentionally committed felony homicide. This accounts for a very small amount of wrongful death claims. The other situation in which punitive damages may be available is a survival action claim. This is different from a standard wrongful death claim in several different ways. Furthermore, you can only recover punitive damages if the decedent suffered economic losses before death. As a result, there are significant limitations on punitive damages for wrongful death cases. If you find yourself unsure about these complexities, consulting a wrongful death attorney can provide clarity and guidance.
Factors Affecting Your Claim
A number of factors may affect your wrongful death claim and the amount of compensation you are ultimately able to recover. The victim’s age and earning potential plays a role; for example, if the decedent had decades left in their career, the loss of their financial support will be far more damaging than if they were retired. You may also be limited by the amount of dependents the decedent had; the more people that were dependent on their income, the more significant their loss may be. Unfortunately, you are also limited by the at-fault party’s insurance limits. If you have massive financial losses but they have a bare minimum insurance policy, that may be all you are able to recover.
Explore Your Legal Options With The Wrongful Death Law Firm DeWitt Algorri & Algorri in California
The team of wrongful death lawyers in California at DeWitt Algorri & Algorri is here to help you as you start your wrongful death claim. Set up a consultation now to learn more about your options. You can reach us online or call us at 855-WINNING (946-6464).
