Calculating Damages in a California Wrongful Death Lawsuit
In California, pursuing a wrongful death lawsuit can be a complex process, requiring an understanding of how to calculate various damages such as medical expenses, funeral costs, lost future earnings, and loss of companionship. Navigating these legal intricacies often necessitates the expertise of a skilled California personal injury lawyer. An experienced attorney can provide invaluable guidance, ensuring that all potential avenues for compensation are explored and that the rights of the grieving family are fully protected during this challenging time.
Difference Between a Survival Action and a Wrongful Death Lawsuit
While both survival actions and wrongful death lawsuits arise from the death of an individual, they serve distinct purposes and involve different types of damages. A survival action is brought on behalf of the deceased’s estate and seeks damages that the deceased could have claimed had they survived, such as pain and suffering, medical bills, or lost wages from the time of the injury to the time of death.
Wrongful death claims are filed by family members or dependents of the decedent. It focuses on the losses they suffer due to the untimely death, including the loss of financial support, guidance, or companionship, and funeral/burial expenses. Understanding these differences is crucial for families to ensure they pursue the appropriate legal action and obtain the compensation they deserve in the wake of a tragic loss.
Factors Affecting Compensation in a Wrongful Death Lawsuit
Several factors can influence the amount of compensation recoverable in a wrongful death lawsuit in California. Firstly, the economic contribution of the deceased to the family’s financial well-being plays a significant role. It is crucial to calculate lost wages, potential future earnings, and the benefits they would have provided. Additionally, the deceased’s age, health, and life expectancy are considered to assess the longevity and amount of financial loss endured by the surviving family members.
Non-economic damages, such as loss of companionship, guidance, and emotional support, also impact compensation. These losses, though intangible, are recognized for their importance in the grieving family’s life. The beneficiaries’ relationship to the deceased can further influence the compensation amount, as closer familial bonds are often awarded higher considerations.
Factors Affecting Compensation in a Survival Action
In a survival action, the factors affecting compensation are quite distinct from those in a wrongful death lawsuit. Primarily, the focus is on the losses sustained by the decedent from the time of their injury until death. These include medical expenses, the pain and suffering the deceased endured, and any lost earnings. Notably, pain and suffering damages, while often a significant portion of survival action damages, are not permitted for wrongful death claims.
Furthermore, the character and duration of the suffering before death are considered. A prolonged period of conscious pain and suffering before passing away can result in higher compensation. The court might also evaluate the degree to which the deceased’s injuries impacted their quality of life before death. Understanding these specifics ensures that the decedent’s estate is rightfully compensated for the hardships and financial obligations endured during the final period of the deceased’s life.
Torem & Associates: Wrongful Death Lawyers
At Torem & Associates, we pride ourselves on advocating for our clients, working tirelessly to ensure you receive the justice and compensation you deserve. Our commitment extends beyond legal expertise; we aim to provide peace of mind during a tumultuous period. We offer a free consultation and review of your case when you call us at (310) 276-7878 or (888) 500-5000. You can also contact us online. Don’t face this journey alone contact us today to schedule your free consultation and take the first step toward healing and justice.
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