Wrongful death settlements involve a multitude of factors. The process includes calculating damages for both economic and non-economic losses the deceased family member (and family) suffers. The goal of wrongful death claims is financial compensation to ease the financial burden a family experiences and provide a measure of justice.
Securing an experienced wrongful death attorney as soon as possible following the untimely death of a loved one is crucial to ensuring a maximum, fair settlement in a wrongful death claim.
Economic Damages
Economic damages are those that can be connected to specific costs for either goods or services. Here are some of the economic damages commonly sought in a wrongful death suit:
- Medical Expenses. This would include all costs associated with the victim’s death: medical treatments, ambulance, emergency room and hospital stay expenses, medication, doctor’s fees, surgery fees, etc.
- Funeral and Burial Costs. Funeral services, burial, or cremation are considered part of economic damages, as they are direct costs resulting from the death.
- Loss of Benefits. This calculation must be accurate and fair for family members dependent on the deceased person’s benefits. Loss of benefits would include lost pension or retirement benefits the deceased would have accrued over their entire lifetime.
- Loss of Services. If the deceased performed services for the family, such as childcare, a monetary value will be factored in since loved ones will need to procure those services elsewhere.
Non-Economic Damages
Unlike economic damages, non-economic damages are a little more complex to calculate. Without actual costs, the non-economic damages that a person or family suffers due to another person’s untimely death must be evaluated carefully and thoroughly, ideally by an experienced wrongful death attorney. Here are some examples of non-economic damages:
- Pain and Suffering. Emotional trauma and distress suffered by both the deceased person and their loved ones may be considered for compensation after the loss.
- Loss of Consortium and Companionship. Surviving spouses are entitled to seek damages for losing physical companionship and emotional support.
- Loss of Parental Guidance. Children of a deceased person may seek compensation for the loss of parental guidance that will be missing with the death of a parent or primary caregiver.
- Punitive Damages. While relatively uncommon, punitive damages may be awarded if the defendant’s actions were egregious or reckless. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future.
Other Factors Influencing Compensation
Many other factors can come into play when calculating the total compensation for a loved one in a wrongful death claim. Some of those factors include:
- Age and Health of the Deceased: Deaths of younger individuals, who have more working years ahead of them and, therefore, greater earning potential, often result in higher compensation amounts.
- Wrongful Death Circumstances: Factors such as negligence or intentional harm can impact the compensation a loved one receives.
- Contributory Negligence: California follows a “pure comparative negligence” system. This means that if the deceased was partially at fault for their own death, the surviving family members may still seek and recover damages. The compensation awarded is reduced by the percentage of fault attributed to the deceased. This rule ensures that liability is distributed fairly among all parties involved.
Legal Process for Pursuing Wrongful Death Damages
Calculating damages, especially non-economic damages, requires thorough documentation and the experience of a skilled wrongful death attorney. A wrongful death attorney plays a crucial role in gathering evidence, negotiating with insurance companies, and representing the family’s interests, including in court if necessary.
Skilled and Affordable Legal Help is Available
The wrongful death attorneys at Eason & Tambornini bring a combined total of over 100 years of legal experience to every case and have earned top honors from Martindale-Hubbard, the nation’s foremost peer-reviewed legal entity. Our goal for every client is to secure maximum, fair compensation for wrongful death losses while providing compassionate legal guidance.
FREE Consultation and NO Upfront Legal Fees
Our wrongful death attorneys offer a free, no-risk consultation to discuss the facts of your case. We accept cases on a contingency basis only. You pay nothing until we win a settlement, ensuring your peace of mind.
Call a Stockton Wrongful Death Lawyer at (209) 323-5126 to schedule a free consultation today.
