In California wrongful death cases, compensatory damages are awarded to cover both economic and non-economic losses resulting from the death of a family member. Economic damages include tangible financial losses such as lost income and benefits, medical expenses, and funeral costs. Non-economic damages compensate for intangible losses, such as loss of companionship, love, support, and guidance provided by the deceased. Wrongful death compensation aims to offer financial relief for the family, reflecting the impact on their quality of life and economic stability.
To recover wrongful death damages in California, you need an experienced wrongful death attorney from Ellis Law with an in-depth understanding of how to recover maximum compensation for grieving families. We will aggressively pursue those damages from negligent parties and the insurance companies that cover their liabilities. For more than 30 years, we have worked tirelessly to help families rebuild their lives after fatal accidents due to the negligence of other parties. Call today for a free consultation.
What are Economic Damages in a Wrongful Death Case?
Under California law, economic damages cover specific, quantifiable financial losses shown by receipts and invoices.
Economic damages can include the following:
- Medical costs and expenses related to the treatment of the deceased party.
- The costs of a funeral, burial, or cremation
- The loss of income and other verifiable financial contributions to the family’s wellbeing
- The reduction or elimination of health insurance and retirement or pension benefits
- Costs associated with childcare or other household services provided by the deceased.
The economic damages you may recover will depend on the specific facts and evidence applicable to your case.
What are Non-Economic Damages in a California Wrongful Death Case?
In a California wrongful death case, non-economic damages compensate for intangible losses suffered by the surviving family members. These include:
- Loss of companionship and love: The emotional loss of a close relationship with the deceased.
- Loss of guidance and support: The absence of the deceased’s care, advice, and nurturing.
- Loss of consortium: The loss of spousal affection and intimacy.
Unlike economic damages, these are more subjective and do not have a specific monetary value. California law does not allow compensation for grief or emotional distress in wrongful death cases.
In every wrongful death lawsuit, the skills and abilities of a California injury lawyer who represents the victim’s survivors will play a critical role in the recovery of the largest available non-economic compensatory damages.
Does California Place Limits on Wrongful Death Compensatory Damages?
In 2023, California enacted a law that limits wrongful death compensatory damages in medical malpractice cases to $500,000. For all other wrongful death claims, California law does not impose a cap, and the deceased party’s family can claim compensation for the full amount of their economic and non-economic losses.
Who is Entitled to Recover Compensatory Damages in a Wrongful Death Lawsuit?
Under current California law, wrongful compensatory damages may be claimed by:
- The accident victim’s spouse or domestic partner
- Their children, including adopted children
- Their grandchildren if the accident victim’s spouse or children are no longer living, or their parents if the victim didn’t have a spouse or children
- Stepchildren or other close relatives who had relied on the deceased party for financial sustenance.
What Do You Need to Prove in a California Wrongful Death Lawsuit?
Under California law, you will be entitled to recover compensatory damages if you and your attorney can show that the defendant owed a duty of care to your family member. Further, the defendant breached that duty of care and negligently caused an accident that was the direct and proximate cause of their death. As a result of that death, your family suffered measurable losses. Unlike punitive damages, which are awarded in a minimal number of cases, compensatory damages for wrongful death are awarded to replace the actual economic and non-economic losses your family has suffered.
Schedule a Free Consultation with Ellis Law
California wrongful death lawsuits are complex matters that involve detailed claims, extensive proof of losses, and negotiations with insurance companies with an incentive to pay the lowest possible amount of compensatory damages. The wrongful death lawyers at the Ellis Law Corporation have the skills and experience to manage that complexity and fight for your right to recover both economic and non-economic damages for your losses.
Please schedule a consultation today. We are mindful of the emotional impact of a wrongful death, and we will treat your case with respect and sensitivity.
