California of a wrongful death that was caused by a negligent or reckless act of another. Although no amount of money can indeed replace a loved one, the legal system tries to reduce the financial strains and emotional stresses that the surviving family members undergo.

Knowing the various damages that can be recovered in these cases is critical to anyone who needs to navigate this complicated legal terrain. The damages are divided into categories to cover many aspects of the loss, including the tangible financial losses and the deeper, more intangible pain of the loss to those who have lost a loved one. The following information explores the four significant damages you can pursue in a wrongful death case. It also addresses how the law tries to offer some degree of comfort and assistance when one is in an incredibly stressful situation.

  1. Funeral and Burial Expenses

The events that follow a wrongful death typically leave a family in a state of not only deep sorrow but also financial constraints, especially those involving the last arrangements of the deceased. The law acknowledges this loss, which is why the parties entitled to damages in a wrongful death claim can recover reasonable funeral and burial expenses. This type of damage covers the family's most concrete and inevitable expenses after the tragic event, offering relief to the family through this challenging time.

The computation of these recoverable expenses should be broad, considering all the services and items used directly towards burying the dead. This entails, but is not restricted to, the cost of the funeral service itself, be it a conventional service or a more personal one. Costs of embalming, cremation, urns, caskets, and grave liners also come under this category. Moreover, a family can demand reimbursement for the burial plot or niche, the grave's opening and closing, and the headstone or marker's purchase and setting. Even smaller, seemingly incidental expenses, like death certificate costs and transportation of the remains and flowers at the service, can be included, provided they are directly related to the funeral and burial process.

The key to recovering all these expenses is careful record-keeping. Families should save all the funeral and burial invoices, receipts, and contracts. This detailed document is easy evidence to prove the actual costs incurred, directly supporting the claim of these damages. A wrongful death attorney will thoroughly examine these records, ensuring no legitimate cost is overlooked, and build a solid claim in the court or before an insurance company. Having a clear and itemized list of these expenses makes the case stronger. It increases the chances of recovering all the money spent, thus alleviating the financial burden on the grieving family in at least one way.

  1. Loss of Future Financial Support

A wrongful death not only robs the surviving family members of the presence of a loved one but also of his/her vital financial support. This type of damage is meant to cover the income and financial worth the deceased would have brought to the table had it not been that their life was so abruptly ended. It is not merely a calculation of their ultimate salary as of the last known date, but an estimate of their earning capacity throughout their lives and their ability to provide economic security to their dependents. This compensation also covers the future wages, salaries, and commissions of the deceased, including the future raises, promotions, and career advancements that he/she would have been likely to accomplish.

In addition to direct income, it also includes the values of employment benefits, including health insurance, retirement contributions, and pension plans, as well as other perks that help to increase the family's financial well-being. Moreover, the calculation considers the monetary value of gifts, inheritances, and other financial assistance the deceased would have otherwise given their spouse, children, or other dependents during their projected lifespan.

A legal team will hire a forensic economist to assess these complex future damages. This expert professional engages in an intensive review, looking at the deceased's educational history, employment history, industry, and personal career path. They consider factors including age, health, life expectancy, and common earning trends in the deceased's profession to come up with a plausible and defendable estimation of lost future earnings. Their interpretation offers the financial modeling details required to make a persuasive argument to an insurance company or a jury.

The economist's calculations also consider other economic factors that affect the long-term financial forecast. They also consider the personal consumption of the deceased and deduct the part of the income that they would have used on themselves instead of the family. The time value of money, inflation, and tax adjustments are essential elements of this complex evaluation.

It aims at reaching a just and correct estimation of the net monetary loss the surviving family has incurred due to the untimely demise. These future earnings and benefits are ultimately discounted to a present value. This monetary change is based on the fact that a lump sum amount of money received today is more valuable than the amount that might be received as a series of payments over a long period because of the possibility of investment and interest accrual. This present value computation will ensure that the compensation given is a true reflection of the actual economic loss to the family and will provide them with the finances that would have been given to them over time in one single, immediate payment. The provision of this carefully estimated amount is central to the award of full economic damages in a wrongful death action.

  1. Destruction of Household Services

In addition to monetary assistance, there are numerous non-monetary contributions that a family member makes in his/her daily living, which are highly economically valuable. The damage subclass of loss of household services is specifically concerned with the financial value of these all-important, unpaid chores that the deceased did on behalf of his/her family. These are the most critical tasks that keep a household operating, and they add invaluable value to the existence of the surviving loved ones.

Think of a person's daily tasks that are not paid for. These include:

  • Childcare

  • Home maintenance

  • Cooking

  • Cleaning

  • Family budgeting

  • Yard work

  • Taking children to school or doctor visits

  • Making repairs

These duties, taken for granted, are a considerable contribution to the economy of the house. When a loved one dies, the other family members are left to do these things or pay the cost of getting other people to do them.

These lost services are not valued on a sentimental basis but on the actual cost of replacing them. The lawyers and forensic experts estimate this loss by calculating the sum required to pay a person to perform the services the deceased used to do. This may entail scouting the market rates of nannies, housekeepers, handymen, gardeners, personal assistants, or chauffeurs, depending on the extent of the efforts made by the deceased. The computation considers the hours devoted to each task and the wages for these services in the locality.

Detailed evidence can only prove the degree and worth of these services. Families can testify on the routines, responsibilities, and tasks the deceased performed. The documentation, including calendars, chore charts, or even anecdotal reports by friends and neighbors, can be used to show active participation of the deceased in keeping the household. Attorneys will use this evidence to develop a strong argument regarding the economic cost of losing these irreplaceable non-market contributions.

Reimbursing the loss of household services is an important factor in restoring a family to wholeness after a wrongful death. It recognizes that the deceased's contributions were far more than his/her professional earnings and directly influenced the daily operation and welfare of the remaining family. By compensating these activities that were not paid before, the law attempts to provide the monetary resources needed to find alternative services, thus reducing part of the practical and economic burden caused by this tragic loss.

  1. Loss of Love, Companionship, and Guidance

Whereas economic damages are concerned with the quantifiable financial loss caused by a wrongful death, the loss of love, companionship, and guidance category deals with the profound human loss of a loved one. These are non-economic damages, which consider that some losses are beyond monetary calculation, but must have legal recognition. Since the loss of a loved one cannot be compensated, the law tries to recompense for the invaluable loss of the death of a loved one, trying to mitigate the immense emotional and personal loss of the surviving relatives.

This category involves the deeper, immeasurable aspects of the relationship that have now been lost forever. It consists of the absence of the unconditional love of the deceased and the presence of a person who provides comfort, care, and moral support. Families can seek damages for the loss of companionship, affection, and the social relationship they shared with the deceased- the day-in-day-out companionship, shared interests, and enjoyment that constituted their relationship. These are the factors that add immeasurable elements to the emotional well-being and the belonging of individuals.

In the case of children who have lost a parent, this category particularly encompasses the loss of training and guidance. This is in recognition of the critical role played by the parent in influencing the child's development, teaching, guiding, and advising the child as he/she develops. The loss of parental wisdom, discipline, and emotional support can have long-term impacts on the child's life path, and the law attempts to make up for this tremendous loss. On the same note, a claim by a surviving spouse includes the complex loss of consortium that involves loss of intimacy, affection, comfort, and the mutual support characteristic of a marital relationship.

Proving these non-economic losses in a court of law differs from proving economic damages. Since love and companionship do not have receipts or invoices, legal teams work on a story that will paint a picture of the relationship and its depth. This often includes the presentation of strong testimony by the surviving family members, who describe the personal effects of the loss. Supporting testimony can be given by friends, extended family members, and even workmates, so a more complete picture can be given as to how the deceased influenced the lives of the claimants.

Besides, material souvenirs and personal items can be used to express the depth of the lost relationship. Photos and videos of your activities, family gatherings, and everyday moments can be valuable visual evidence of the love and connection shared with the deceased.

Furthermore, tangible mementos, including journals, letters, or any other form of writing, and personal artifacts, can also provide information about the relationship between the deceased and the survivors and their character. Using a mixture of emotional testimony and emotional evidence, the aim is to make a jury realize how special and irreplaceable the relationship between the people that has been tragically broken was. Although money can never compensate for the loss of a person, this compensation offers some recognition of the immense sorrow and poor quality of life that the survivors have to live with.

Who Can Claim Damages?

It is important to know who is legally entitled to damages in a wrongful death case before delving into the details of damages. This standing to sue is regulated by California Code of Civil Procedure (CCP) 377.60, which sets a strict order of priority for eligible family members to bring a wrongful death claim.

The first are the surviving spouse, domestic partner, and children of the deceased. When there are no direct descendants, the law will apply to those who would have inherited the deceased's property under the intestate succession laws. This usually incorporates parents or siblings. Some people may be financially dependent on the decedent who may have a claim, regardless of their direct relationship, including a putative spouse (a person who thought in good faith that he/she was married) or stepchildren. Minors who lived with the deceased for at least 180 days and relied on them for at least half of their financial support may also qualify. This set of laws ensures that the victims affected most by the loss can seek justice and compensation.

Wrongful Death and Survival Actions

When the wrongful act results in death, the grieving families may want to bring the responsible party to justice, not only to recover their losses but also to recover for the suffering that their loved one underwent before death. They can also feel the need to punish the defendant for gross misconduct. However, there is a crucial legal difference. Damages related to pre-death pain and suffering of the deceased, and punitive damages are not a part of a wrongful death claim. Instead, they are part of a concurrent legal claim called a survival action.

The wrongful death claim, as mentioned above, recompenses the surviving heirs for the losses they have suffered due to the death of their loved one, including the loss of financial support, household services, and the immeasurable non-economic losses, which consist of love and companionship. In contrast, a survival action aims to recover damages that the deceased person would have been entitled to had he/she survived. The effect of this is that the claim is to the deceased's estate, and any damages recovered are part of his/her estate, which is subject to probate and must be distributed under the will of the deceased or California intestacy laws.

According to the California Code of Civil Procedure (CCP) 377.30, a survival action enables the recovery of damages that the deceased suffered before death. This mainly incorporates economic damages in the form of medical costs incurred in the treatment process between the injury and death, loss of earnings during the same period, and property damage.

Instead of looking forward to the future loss of the survivors, as is the case with wrongful death claims, survival actions are backward-looking in that compensation is sought based on the damage that the decedent suffered.

More importantly, although under California law damages to a decedent in pre-death pain, suffering, or disfigurement are not recoverable in an action brought by the decedent as a survival action, there is a substantial exception to this rule in the case of punitive damages. A survival action may recover punitive damages if the defendant's conduct was malicious, oppressive, or fraudulent. These damages are not compensatory but are used to punish the defendant for his/her heinous conduct and to discourage future occurrences of the same conduct. A survival action also provides a route to responsibility not otherwise available through a wrongful death claim because of the right to claim punitive damages.

Due to the different natures and available damages, the same event may result in two actions, the wrongful death action and the survival action, which are usually brought simultaneously and often tried together. Maneuvering between these two tough legal channels is an advanced legal problem. A qualified lawyer may discuss whether it would be reasonable to bring two claims to a particular case, making sure that the family can seek all possible justice and compensation to cover both their tremendous losses and the suffering of their loved one in the pre-death period, along with punishing those who have done wrong to them.

Find a Wrongful Death Attorney Near Me

A wrongful death lawsuit involves dealing with not only deep grief but also the complexities of the law. Although a legal case cannot bring back a loved one, knowing the four types of damages you can pursue will give you (surviving family members) a direction to seek justice and necessary compensation. All these categories aim to deal with the entire range of loss, starting with the immediate financial demands and going all the way to the existential emptiness of the loss of a loved one.

When your family has lost a loved one, most unimaginably through the negligence of another person, you need a legal team that understands these nuances. Call our attorneys at Orange County Personal Injury Attorney today at 714-876-1959 and receive a free, caring case review. We are committed to defending your rights, pursuing the compensation your family deserves, and getting the highest compensation your family will require.