When a loved one dies due to the negligence or wrongful act of another, California law allows families to recover damages under a “wrongful death claim.” Because the claim involves someone who has died, the damages sought are slightly different than those of a typical personal injury claim.
What damages can you recover for wrongful death in California?
While we could never put a number on someone’s life, wrongful death damages are intended to compensate the family for the loss of value and support they would have reasonably expected from their loved one.
The time period for which the damages are determined is the shorter of:
• The deceased’s life expectancy at the time of the incident; or
• The life expectancy of the plaintiff at the time of the incident
If the matter goes to trial, the amount of life expectancy is a fact the jury must determine based on factors like health, lifestyle, and occupation.
Compensatory damages in a wrongful death action typically consist of economic and non-economic damages.
Economic Damages in a Wrongful Death Action
Economic, or special damages, are typically numbers are related to the financial support that would be provided by the deceased. They also include any hard costs related to the injury and/or death.
These would include:
• Financial support that deceased would’ve reasonably provided during their lifetime;
• Loss of gifts or benefits heirs would’ve received from the deceased;
• Funeral and burial expenses
• Medical bills
• The reasonable value of household services provided by the deceased
Non-economic Damages in a Wrongful Death Action
Non-economic, or general damages, are damages associated with the personal loss of the deceased. Non-economic damages are much more open to interpretation, have no limitation, and a jury can award any reasonable amount based on evidence and common sense.
These would include compensation for the loss of the deceased’s:
• Love
• Companionship
• Protection
• Moral support
• Guidance
• Training
• Affection
• Physical relation
• Advice
• Solace
• Comfort
Interestingly, non-economic damages in a wrongful death action don’t allow recovery for the family’s grief, sorrow, or pain and suffering caused by the loved one’s death.
Punitive Damages in a Wrongful Death Action
California doesn’t allow heirs to sue for punitive damages in a wrongful death action. The only exception is where the defendant was convicted of felony homicide.
However, California does allow punitive damages where the heirs file what is called a “survivor action.”
California survival action for the death of a loved one
While a wrongful death action compensates the family for losses, a survival action allows the family to bring claims on behalf of the deceased’s estate.
A survival action allows compensation for losses:
• Where the deceased had a right to sue completely unrelated to the death, and/or,
• Claims for the injury that caused the death if they survived the injuries for any period of time (even very short)
Survival actions are complicated and require time unto themselves. However, they do allow families to recover punitive damages. Oftentimes, wrongful death and survival actions are brought at the same time.
California Wrongful Death Lawyer
My name is Dan Hanecak and I am a California personal injury attorney. We understand just how difficult it is to unexpectedly lose a loved one and go through the grieving process. Our goal is to be here for you to provide free and friendly advice and help you determine your options moving forward.
Please feel free to give me a call at (916) 619-5452 to discuss your case at no cost. Or if you like, our website has a form you can fill out and I will call you back personally.
