YOUR TRUSTED WRONGFUL DEATH LAWYERS IN SHERMAN OAKS

WHAT CAN BE RECOVERED AFTER WRONGFUL DEATH?

Survivors may recover several types of damages, including:

Economic damages

Economic damages in wrongful death cases are designed to compensate the surviving family members for the financial losses they incur as a direct result of their loved one's death. These damages aim to cover quantifiable monetary losses that the deceased would have provided if they had lived. The primary categories of economic damages include:

Medical Expenses

Medical expenses encompass all the costs associated with the medical care the deceased received due to the incident that ultimately led to their death. These expenses can include:

• Emergency Room Visits: Costs incurred from initial emergency treatments immediately following the accident or injury.
• Hospital Stays: Charges for inpatient care, including room fees, nursing care, medications, and any surgical procedures performed.
• Surgeries and Procedures: Costs for any operations or medical procedures necessary to try to save the deceased's life.
• Medications: The cost of prescription drugs and other medications administered to treat the deceased's injuries.
• Medical Equipment and Supplies: Expenses for medical equipment and supplies used during the deceased's treatment, such as ventilators, monitoring devices, and other necessary tools.

Funeral and Burial Costs

Funeral and burial costs cover the expenses related to laying the deceased to rest. These costs can be significant and may include:

• Funeral Service: Fees for organizing and conducting a funeral or memorial service, including venue rental, officiant fees, and other related expenses.
• Burial or Cremation: Costs associated with burial plots, caskets, headstones, or cremation services.
• Transportation: Expenses for transporting the deceased's body, which may include transferring the body to the funeral home and then to the burial site or crematorium.
• Other Related Costs: Additional expenses such as flowers, obituary notices, and funeral programs.

Lost Income

Funeral and burial costs cover the expenses related to laying the deceased to rest. These costs can be significant and may include:

• Funeral Service: Fees for organizing and conducting a funeral or memorial service, including venue rental, officiant fees, and other related expenses.
• Burial or Cremation: Costs associated with burial plots, caskets, headstones, or cremation services.
• Transportation: Expenses for transporting the deceased's body, which may include transferring the body to the funeral home and then to the burial site or crematorium.
• Other Related Costs: Additional expenses such as flowers, obituary notices, and funeral programs.

Lost Income

Lost income refers to the earnings the deceased would have provided to their family had they lived. This includes:

• Funeral Service: Wages, salaries, or other forms of income the deceased lost from the time of the injury until their death.
• Future Income: Projected earnings the deceased would have likely earned had they lived, calculated based on their age, occupation, skills, and life expectancy.

Loss of Financial Support

Loss of financial support covers the ongoing financial contributions the deceased would have made to their dependents, including:

• Dependents' Support: Regular monetary support that the deceased provided to their spouse, children, or other dependents for necessities such as housing, food, education, and healthcare.
• Benefits and Pensions: Loss of benefits and pensions the deceased's dependents would have received, such as health insurance, retirement benefits, and other employment-related perks.
• Household Services: The value of household services the deceased provided, such as childcare, home maintenance, and other unpaid services that now require hiring outside help.

Calculating Economic Damages

Calculating economic damages in wrongful death cases involves a thorough analysis of the deceased's financial contributions and the family's needs. This often requires:

• Expert Testimony: Economists or financial experts may be consulted to provide estimates on future earnings, inflation rates, and the value of lost benefits.
• Documentation: Providing pay stubs, tax returns, employment records, and other financial documents to support claims for lost income and financial support.
• Personal Testimony: Family members may provide statements regarding the deceased's role in the household and the impact of their loss on the family's financial stability.

Non-economic damages

Non-economic damages in wrongful death cases compensate the surviving family members for the intangible, non-monetary losses they suffer due to the death of their loved one. These damages address the emotional and psychological impacts that are not easily quantifiable.

In 2021 only California became the 46th state that now allows successors-in-interest to recover for a decedent’s pain, suffering, or disfigurement before their death. Pain and suffering refer to the physical and emotional anguish the deceased experienced from the time of injury until their death. Although challenging to measure, these damages are critical in recognizing the deceased's final moments of discomfort and agony.

Loss of companionship, also known as loss of consortium, compensates the surviving spouse or partner for the loss of the deceased's companionship, affection, and emotional support. This category acknowledges the profound void left by the deceased, who provided love, care, and companionship.

Emotional distress covers the psychological impact and mental anguish experienced by the surviving family members due to their loved one's death. This includes grief and sorrow, depression and anxiety, loss of parental guidance, and psychological trauma.

Calculating non-economic damages is complex and subjective, often relying on personal testimony, expert assessments, and jury discretion.

Punitive damages

In cases of egregious wrongdoing, courts may award punitive damages to punish the responsible party and deter similar behavior.