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Did you know?: A wrongful death claim can occur when the death was caused, in whole or part, by the conduct of another party when the other party was negligent, or for some other reason strictly liable, for the victim's death and there is a surviving spouse, child, beneficiary or dependent and monetary damages have resulted from the victim's death.
The following damages may, depending on the circumstances and jurisdiction, be recovered in a wrongful death action:
(1) Immediate expenses associated with the death (medical & funeral):
(2) Loss of victim's anticipated earnings in the future until time of retirement or death;
(3) Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
(4) Loss of inheritance caused by the untimely death;
(5) pain and suffering, or mental anguish to the survivors;
(6) Loss of care, protection, companionship to the survivors;
(7) General damages; and
(8) Punitive damages.
Depending on jurisdiction, some damages may be barred or restricted by statute. Additionally, some damages may be hard to prove and thus be considered too speculative by the court and may be struck or restricted.
For articles, posts and editorials about California law and legal information including personal injury matters see our: California Law - Legal Information blog.
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