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What Damages Can Loved Ones Obtain In a California Wrongful Death Suit?

Posted by Bruce B. Brusavich | Sep 23, 2020 | 0 Comments

The loss of a loved one is painful and emotional. If you lost your loved one unnecessarily because of the negligence of another party, the family of the deceased has the right to pursue damages in a California wrongful death lawsuit. Filing a wrongful death claim can be very taxing on a victim's loved ones. It is important though, that loved ones see their full legal justice by obtaining the most amount of compensation in a claim. If you have lost a loved one in an accident that was not their fault, you need effective legal representation. The compassionate California wrongful death attorneys at AgnewBrusavich will help you file a successful wrongful death claim.

What Types of Damages Does California Allow for In Wrongful Death Claims?

The damages that a victim can sue for in a California wrongful death claim will vary by state. Because a victim who loses their life in an accident can't pursue a civil suit for justice themselves, the law allows for certain loved ones to have the ability to sue. Included in the suit will be a list of damages that the victims will want to be compensated for. These will include economic and non-economic losses. Economic damages as defined by the state of California:

  • Financial support
  • Medical expenses
  • Funeral expense
  • Burial costs
  • Value of the services that the deceased would have provided to their loved ones while alive
  • Loss of benefits
  • Gifts that loved ones would have received if the victim was alive

For non-economic damages, the state of California includes payments for the following:

  • Loss of companionship
  • Loss of protection
  • Loss of consortium
  • Loss of affection
  • Loss of moral support and guidance
  • Loss of guidance
  • Loss of mentorship and training

Some states cap the amount that a deceased victim's loved ones can obtain in a wrongful death claim. In California, no such caps or limits exist for a California wrongful death settlement. When a jury hears your case, they will decide what amount seems fair based on the details of the accident and the actions of the negligent party. 

If you are related to the deceased victim in any of the following ways you have the right to pursue a Torrance wrongful death claim on their behalf:

  • Spouse or domestic partner
  • Children and grandchildren
  • In the absence of a surviving spouse, children, or grandchildren, individuals identified by the state through intestacy laws 
  • Dependants including stepchildren and parents
  • Minors who lived with the deceased and were dependant on half or more of their support for at least 180 days before the fatal accident happened

Speak with a California Wrongful Death Attorney Today

The Torrance personal injury lawyers at AgnewBrusavich have deep sympathy for those who lost a loved one from the negligence of another party.  We understand that no amount of money can make up for your loss. Pursuing compensation on your loved ones' behalf is your right, and we will help you see your full legal justice. Call AgnewBrusavich today to discuss your unique situation during a free consultation at (310) 928-9081.

About the Author

Bruce B. Brusavich

Principal

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