What Damages Are Available in a Wrongful Death Lawsuit?
Quick answer: In a California wrongful death lawsuit, surviving family members can typically recover economic damages (medical and funeral expenses, lost financial support), non-economic damages (loss of companionship, emotional distress), and in cases of egregious misconduct, punitive damages. A Glendale wrongful death lawyer can help you document your losses and pursue the full compensation available. Babaians Law Firm offers free consultations and works on contingency — no fee unless we win. Call (818) 334-2981, available 24/7.
In a wrongful death lawsuit, you can pursue compensatory damages, which include economic and non-economic damages, to reimburse you for financial losses, emotional pain, and suffering. Additionally, punitive damages may be awarded to punish the responsible party for reckless or intentional actions.
As you move forward with your claim, it is crucial to understand the types of damages you can claim and how to prove them. We can help you determine the full extent of your damages and gather evidence to support your claim. To learn more, schedule a free consultation today to talk to a Glendale wrongful death lawyer.
Types of Compensatory Damages
When pursuing a wrongful death lawsuit with a Glendale personal injury lawyer, you can seek compensatory damages, which are divided into two primary categories: economic and non-economic damages, both of which aim to provide financial relief for the losses you’ve incurred as a result of your loved one’s passing.
Economic Damages
Economic damages are designed to reimburse you for the financial losses you’ve suffered. These can include medical expenses, such as hospital bills, doctor’s visits, and ambulance fees, as well as rehabilitation costs, like physical therapy and medication.
You may also be eligible for compensation for lost income, including the income your loved one would have earned had they lived, as well as funeral and burial expenses.
Non-Economic Damages
In addition to economic damages, you can also seek non-economic damages, which provide compensation for the emotional and psychological impact of your loved one’s passing. These can include damages for pain and suffering, loss of companionship, and emotional distress.
Punitive Damages
In addition to seeking compensatory damages, you may also be eligible to pursue punitive damages in a wrongful death lawsuit. Punitive damages aim to punish the responsible party for their reckless or intentional actions. They are designed to have a deterrent effect, discouraging similar behavior in the future.
By pursuing punitive damages, you can hold the responsible party accountable for their actions and ensure that they take responsibility for their mistakes.
Loss of Financial Support Claims
While punitive damages aim to punish the responsible party, a wrongful death lawsuit also allows you to pursue claims for financial support you’ve lost as a result of your loved one’s passing. This type of claim is designed to compensate you for the financial contributions your loved one made to your household.
Benefit Analysis
This analysis takes into account the deceased person’s income, benefits, and other forms of financial support they provided. It also considers the impact their passing has had on your household’s financial situation. For example, if your loved one was the primary breadwinner, you may be entitled to compensation for their lost income.
Additionally, if they contributed to household expenses, such as rent or mortgage, utilities, and food, you may be able to claim these losses as well.
Emotional Distress and Suffering
When you’ve lost a loved one due to someone else’s negligence, you’re likely to experience intense emotional distress and suffering.
You may struggle with pain and emotional trauma, which can manifest in various ways. Additionally, you may also experience a loss of companionship, which can lead to feelings of loneliness and isolation. If grief or emotional distress feels overwhelming, support is available — the SAMHSA National Helpline (1-800-662-4357) offers free, confidential support 24/7.
Pain and Emotional Trauma
You may be entitled to compensation for the emotional distress and suffering you’ve endured as a result of the loss of your loved one, including the debilitating pain and emotional trauma that can persist long after the initial tragedy.
The healing process can be a long and arduous journey, and it’s vital to acknowledge the emotional toll this experience takes on you. The trauma recovery process can be intricate, and it’s vital to prioritize your mental health and well-being during this time.
You may experience anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues. These conditions can substantially impact your daily life, relationships, and overall quality of life. A wrongful death lawsuit can provide you with the financial resources necessary to seek professional help, such as therapy or counseling, to aid in your trauma recovery.
Loss of Companionship
The loss of a loved one can leave a gaping emotional void, depriving you of companionship, emotional support, and a sense of belonging. In a wrongful death lawsuit, you may be eligible to receive compensation for the loss of companionship, which can include the emotional distress and suffering that comes with it.
Loss of companionship can manifest in various ways, such as feelings of loneliness, isolation, and despair. It can also impact your daily life, making it difficult to perform routine tasks or maintain relationships with others. Survivor benefits, such as grief counseling, can help alleviate some of the emotional pain, but they may not fully compensate for the loss.
In a wrongful death lawsuit, you may be able to recover damages for the loss of companionship, which can help you cope with the emotional trauma and move forward. By working with an experienced Glendale wrongful death lawyer, you can ensure that your rights are protected and that you receive the compensation you are entitled to.
Funeral and Burial Expenses
In the aftermath of a wrongful death, surviving family members are often left to bear the financial burden of funeral and burial expenses, which can be substantial and emotionally overwhelming.
In Glendale, families who have lost a loved one due to another’s negligence or misconduct may seek compensation to cover these expenses. This can provide some relief during an already taxing period, allowing you to focus on grieving and healing rather than worrying about the financial burden.
Your Glendale wrongful death lawyer can help you document and calculate these expenses, including any outstanding bills or invoices, to help ensure you receive fair compensation. For more information, contact Babaians Law Firm or visit our FAQ page.
Who Can File a Wrongful Death Claim, and How Long Do You Have?
Under California law, wrongful death claims are typically filed by a surviving spouse, domestic partner, or children of the deceased. If none of those survive, other individuals who would be entitled to the deceased’s property under California’s intestate succession laws may be eligible to file.
Timing matters. In most cases, California’s statute of limitations for a wrongful death claim is two years from the date of death. If a government entity is involved, the deadline can be significantly shorter — sometimes as little as six months. Speaking with a wrongful death lawyer as soon as possible helps ensure your family doesn’t lose the right to pursue compensation.
Contact Our Glendale Wrongful Death Lawyers to Learn More
You’ve suffered a devastating loss, and gaining a clear understanding of the damages available in a wrongful death lawsuit in Glendale, CA, is vital. By filing a claim, you can seek compensation for economic and non-economic losses, including financial support, emotional distress, and funeral expenses.
We understand that no amount of compensation can bring back your loved one, but it can help alleviate some of the financial burdens you and your family are facing. Contact us today for a free consultation.
Frequently Asked Questions — Wrongful Death Lawsuit Damages
Who is legally allowed to file a wrongful death lawsuit in California?
Typically, a surviving spouse, domestic partner, or children of the deceased may file a wrongful death claim. If the deceased had no surviving spouse, partner, or children, other relatives who would inherit under California’s intestate succession laws may be eligible. A wrongful death lawyer can help determine who has standing to file in your specific situation.
How long do we have to file a wrongful death lawsuit in California?
In most cases, California’s statute of limitations for wrongful death claims is two years from the date of death. If a government entity or employee was involved, the deadline can be much shorter — sometimes as little as six months. Because evidence and witness memory can fade over time, it’s best to speak with an attorney as soon as your family is able to.
Are punitive damages available in every wrongful death case?
No. Punitive damages are reserved for cases involving especially reckless, malicious, or intentional conduct — not ordinary negligence. Whether punitive damages apply depends on the specific facts of the case, including the at-fault party’s conduct and state of mind. An attorney can evaluate whether your case may qualify.
Can we recover compensation for the income our loved one would have earned in the future?
Yes. Lost future income is one of the most significant components of a wrongful death claim, particularly when the deceased was the primary or a significant financial contributor to the household. This is typically calculated using the deceased’s earning history, career trajectory, and life expectancy, often with the help of an economic expert.