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What Type of Compensation is Available in a Wrongful Death Claim?

Posted in Personal Injury,Personal Injury Attorneys,Rodriguez & Associates,Wrongful Death on December 28, 2020

If you lost a loved one due to the negligence of another person or entity, you may have grounds for a wrongful death claim. This civil lawsuit provides compensation to a deceased person’s estate and surviving family members, such as his or her spouse and children, for the losses associated with his or her death.

However, California establishes strict rules regarding what types of compensation a plaintiff’s family or estate may receive. There are two categories of damages in wrongful death lawsuits: compensation for the deceased’s estate, and compensation for the deceased’s family.

Damages for the Deceased’s Family

Surviving family members can suffer from significant pain and suffering due to the untimely passing of a loved one. The purpose of wrongful death claims is to compensate the family for these losses with a monetary award. If a wrongful death claim is successful, the court will typically award compensation for the following losses to eligible family members.

  • The value of household services the deceased would have provided
  • The loss of anticipated financial support from the deceased
  • The loss of love, affection, guidance, moral support, community, and attention from the deceased to his or her family members

In California, only certain individuals may file a wrongful death claim on behalf of a deceased person. Typically, only the surviving spouse or domestic partner, surviving children, and people in the line of succession, such as the deceased’s parents or siblings, may receive this compensation.

Compensation for the Deceased’s Estate

After a person dies, he or she can incur certain costs that his or her estate will need to pay for. The court will compensate the estate for the cost of his or her funeral and burial expenses up to a reasonable amount, as well as medical bills and hospital expenses associated with the deceased’s final injury or illness.

The court will often provide funds for the value of the deceased’s lost income. This specific form of compensation reimburses the estate for the potential income the deceased would have likely earned in the future if he or she lived. The court will also provide compensation for lost wages the deceased incurred during his or her recovery period prior to death.

How Long Do You Have to File a Wrongful Death Claim?

If you lost a loved one due to negligence or reckless behavior, you may be eligible for a wrongful death settlement. However, California sets a time limit on these types of lawsuits—you only have two years from the date of your loved one’s death to file. If you wait until this deadline passes to file your claim, the court will almost certainly dismiss your lawsuit and your family will lose the right to collect the compensation you deserve.

Hiring a California wrongful death attorney to represent your claim can help you avoid unexpected delays and file your lawsuit on time. Your lawyer can assist your family with every aspect of the wrongful death litigation process, from negotiating with insurance companies to identifying the damages you qualify for.

As soon as possible following your loved one’s accident, contact a California wrongful death attorney to initiate your claim. Your attorney will explain your legal options and discuss you and your family’s first steps toward compensation.