When a person dies due to the carelessness or wrongdoing of another, their surviving family members may file a claim for wrongful death in court. It’s a vital way for families to secure financial aid. Justice and accountability are important, even if no amount of money could ever make up for such a tragic loss.
Discuss your situation with a Stockton wrongful death attorney.
In a California wrongful death lawsuit, what compensation is available? Damages can be either economic, non-economic, or punitive, but there are three main types (limited cases).
Payouts for a wrongful death are known as damages.
Damages for wrongful death are paid to the surviving loved ones of a person who died due to the carelessness or wrongdoing of another. The Judicial Council of California’s Civil Jury Instructions outline the types and amounts of damages that can be awarded in a wrongful death claim in the Golden State (CACI No. 3921). When a claim for wrongful death goes to court, the burden of “deciding how much money will adequately compensate” the plaintiffs is on the jury. In a wrongful death lawsuit in California, three types of damages can be awarded:
Economic damages are monetary losses that a surviving family member incurs as a result of the decedent’s death due to another party’s negligence. In California, the jury instructions for wrongful death lawsuits provide the following instances of economic losses:
- The provision of resources that the deceased would have provided,
- Giving up advantages or presents,
- Costs associated with a funeral and burial,
- Cost-effectiveness in the home is prioritised.
The damage done by the death of a loved one is not primarily monetary. In a wrongful death lawsuit in the Golden State, emotional distress might be awarded as compensation. The following are instances of non-economic losses included in California’s wrongful death jury instructions:
- Disconnection from loved ones, which can lead to emotional and psychological distress;
- Second, you won’t be able to enjoy yourself as much while
- Thirdly, the lack of support and direction.
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Restricted cases of punitive damages
In some cases of wrongful death in California, punitive damages can be awarded even if they are typically denied in other states. Punitive damages are paid to a victim’s family in extreme instances, but their purpose is to punish the culprit for their outrageously awful behaviour (s). A wrongful death attorney in Stockton can explain the concept of punitive damages in further detail.