Damages Recoverable in a Wrongful Death Case
If you suddenly lose your spouse due to a fatal work accident, a brain injury or any other circumstance in which another person was responsible for their death, you may be able to win a wrongful death lawsuit. While no amount of money can bring your loved one back to you, the State of California believes some reparations should be made. There are two varieties of compensation: economical and non-economical.
Economical compensation is formulaic and rigid. There are four factors that contribute. First is the financial support the deceased would have provided during their lifetime or yours, whichever is shorter (calculated with a myriad of factors). Next, based on past habits, the monetary value of gifts you would have received is calculated. Third, funeral and burial costs are added up. Finally, the household services the deceased would have provided is given monetary value. Add it up, and you have the economical compensation.
Non-economical compensation is a bit more fluid. There are three factors to consider. First is the loss of companionship, comfort, solace, etc. that the deceased provided. Additionally, the court will find a monetary value to associate with the loss of sexual relations. Finally, the loss of training and guidance from the deceased is considered.
Conversely, there are three factors not considered in these cases: your own grief/mental anguish, your wealth or poverty, and your personal pain and suffering. Because of all the nuances associated with wrongful death lawsuits in California, having an experienced lawyer fight for you in court may be beneficial. Contact an attorney from Casper, Meadows, Schwartz & Cook to learn how we can help.