After the sudden loss of a loved one, your expenses can quickly become an issue. It is difficult enough dealing with the death of a family member, but the looming costs of medical treatment, funeral bills, and potential lost income only add to the devastation.
At Maison Law, we advocate on behalf of wrongful death victims and their families by aggressively pursuing compensation for the damage done to their lives. We understand how overwhelming these situations can be and that no amount of money could ever compensate for your loss, but we’d like to help. Contact Maison Law today to speak to a wrongful death attorney about your legal options.
What Impacts Wrongful Death Compensation in California?
Wrongful death compensation in California varies based on a number of factors, but the main determining factor is the severity of damages you’ve been forced to endure due to the loss of a loved one. Some damages, such as economic damages can be calculated. These include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
Non-economic involves placing value on intangible losses, so it is difficult to calculate a specific dollar amount. These damages include:
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Other Factors that Determine Wrongful Death Compensation in California
The settlement is also dependent upon the details of your case. These details include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: most insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
These details are often revealed through legal processes your attorney will guide you through. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
To understand more about the value of your case, it is advised to seek the counsel of a reputable wrongful death attorney.
Who Can File a Wrongful Death Claim in California
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival action.
Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
Contact a Wrongful Death Lawyer in California
If you’ve lost a loved one due to the carelessness or wrongful act of another, the wrongful death attorneys at Maison Law can help. We understand how difficult of a time this can be for your family, which is why our team will work tirelessly to ensure you’re awarded the compensation you need to recover all the damages you’ve had to endure. For experienced wrongful death representation, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and we don’t get paid unless we win your case.
