Facing a wrongful death claim can be overwhelming during an already difficult time. Families must make decisions while managing both emotional strain and legal considerations. The law recognizes different types of damages in these cases, reflecting the various ways a loss can affect those left behind.
What Are Economic Damages?
“Economic” damages cover financial losses such as medical expenses, funeral costs, lost wages, and the value of household services like previous home repair work and cooking regularly completed by the deceased. These damages reflect the financial impact on the family and are based on evidence about the deceased person’s life circumstances and likely future contributions.
How Are Economic Damages Calculated?
Courts examine employment history, income, life expectancy, and household contributions to determine economic damages. They review past documentation like paychecks, work benefits, and projected contributions to determine an appropriate amount. The calculations rely on measurable data to project losses that can reasonably be assigned a monetary value. The assessment aims to fairly quantify the financial impact the deceased person would have had on their family.
What Are Non-Economic Damages?
“Non-economic” damages compensate for emotional loss, grief, and the absence of companionship or moral support. They cannot be assigned a precise monetary value. Courts evaluate testimony, the closeness of relationships, and state legal standards to determine amounts that reflect personal and emotional harm caused by the loss.
Why Are Non-Economic Damages Harder to Measure?
Non-economic damages lack clear financial markers, so courts rely on qualitative evidence. Each family’s experience is unique, requiring assessment of personal relationships, emotional impact, and lifestyle changes. Courts determine an appropriate amount based on testimony and contextual factors rather than strictly measurable data.
Who Can Seek Damages in a Wrongful Death Case?
Spouses, children, and dependent family members generally have the right to recover those damages under California law, and courts review the nature of the relationship with the deceased to determine eligibility. The law identifies individuals entitled to compensation based on their connection and dependence on the deceased person.
Does California Cap Non-Economic Damages in Wrongful Death Cases?
California does not generally cap non-economic damages in wrongful death claims, except in certain medical malpractice situations. To determine these damages, courts evaluate testimony and supporting evidence to assign an amount that reflects emotional and personal loss. Families may pursue damages consistent with legal standards without automatic monetary limits in many cases.
How Do Economic and Non-Economic Damages Work Together?
Economic and non-economic damages address different types of harm. “Economic” damages quantify financial impact, while “non-economic” damages recognize emotional loss. Courts consider both categories separately but evaluate the overall claim to determine a comprehensive award that reflects the full scope of financial and personal harm.
Can Punitive Damages Be Awarded in Wrongful Death Cases?
“Punitive” damages are rarely available in wrongful death cases, but may be pursued in related survival actions if the defendant’s conduct was particularly egregious. These damages are intended to penalize wrongful behavior rather than compensate the family.
How Long Do Families Have to File a Wrongful Death Claim?
California law generally allows two years from the date of death to file a wrongful death claim. Missing this deadline can prevent the case from proceeding. Families are advised to gather documentation promptly and file within the statutory period to preserve their rights.
Our Compassionate Victorville Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Can Help You Pursue Justice for Your Loss
If you need legal advice during this challenging time, contact our Victorville wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel. For a free consultation, call today at 909-889-1131 or contact us online. With office locations in Ontario and Victorville, California, we proudly serve clients in the surrounding areas.
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