Wrongful death damages may be recovered for the death of a loved one. A spouse may recover for the death of a spouse. A child may recover for the death of a parent. And a parent may recover for the death of a child.
Continue to read and learn about what damages are recoverable in a wrongful death claim and lawsuit.
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Wrongful Death | Damages
The wrongful death damages fall into two categories (economic, and non-economic damages).
Economic Damages
Include:
- The financial support, if any, that the decedent would have contributed to the family;
- The loss of gifts or benefits that the spouse or child would have expected to receive from the decedent;
- Funeral and burial expenses; and
- The reasonable value of household services that the decedent would have provided.
Note: Any award of any future economic damages by a jury must be reduced to present cash value.
Non-Economic Damages
Include:
- The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support;
- The loss of the enjoyment of sexual relations (by a spouse); and
- The loss of the decedent’s training and guidance.
No fixed standard exists for deciding the amount of non-economic damages, they are based on the evidence and common sense.
Wrongful Death Damages | Recovery by a Parent
For the death of a child, a parent may claim all the economic damages that have been previously mentioned. They may also recover for the loss of their child’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Learn More: Wrongful Death | Elements of a Wrongful Death Action
Learn More: Wrongful Death | Who May File a Claim and Lawsuit
Ordaz Law, APC | Wrongful Death
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
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Blog: Personal Injury
Sources and Useful Links:
CACI 3921. Wrongful Death (Death of an Adult)
CACI 3922. Wrongful Death (Parents’ Recovery for Death of a Minor Child)
