How Are Wrongful Death Settlements Calculated in California?
If you are faced with the devastating loss of a loved one due to negligence or intentional harm, wrongful death compensation is designed to support surviving family members. It covers the financial and emotional impact of your loss. But understanding how wrongful death settlements are calculated can provide you with a sense of justice and closure.
What Is a Wrongful Death Settlement?
The law recognizes the profound impact such a loss can have on the remaining family members, both emotionally and financially. Thus, wrongful death claims are distinct from criminal cases because they focus on civil liability and financial restitution rather than criminal punishment.
Legal Definition of Wrongful Death
In California, a wrongful death is legally defined as a fatality caused by the negligent, reckless, or intentional actions of another party. Common examples include deaths that result from auto collisions, building fires, acts of violence, or workplace accidents.
Who Can File a Wrongful Death Claim?
In California, the right to file a wrongful death claim is typically reserved for specific family members of the deceased. For example, the decedent’s spouse or domestic partner has the primary right to file a claim. However, children of the deceased also have the legal standing to file a claim. And in the absence of direct descendants, parents or siblings may have the right, particularly if they were financially dependent on the deceased. Additionally, individuals who can prove they were financially reliant on the decedent—such as stepchildren or putative spouses—may also be eligible to file a claim.
Key Factors That Influence Wrongful Death Settlements in California
One of the key considerations in calculating wrongful death settlements is the loss of income and financial support that the deceased would have provided to their family. Medical and funeral expenses are also significant components in the calculation of wrongful death settlements. Additionally, the pain and suffering of the decedent, their health condition prior to their death, and their role in the family contribute to a wrongful death settlement.
Lost Income and Financial Support
This includes the current earnings of the deceased at the time of their passing in addition to projected future earnings. The value of lost benefits, such as retirement contributions and health insurance, can be included in the settlement. For families, this financial compensation aims to replace the support they relied on and helps stabilize their finances.
Medical and Funeral Expenses
These are considered economic damages, as they represent quantifiable financial losses incurred due to the wrongful death. Medical expenses cover any costs associated with the care and treatment of the deceased prior to their passing, including hospital stays, surgeries, medications, and any other healthcare services rendered. Funeral and burial costs encompass everything from the memorial service to burial or cremation expenses.
Pain and Suffering of the Deceased
In some cases, compensation may be awarded for the pain and suffering the deceased experienced before their death, especially if they survived for a period before passing away.
Age, Health, and Life Expectancy of the Decedent
Factors such as the decedent’s age, health, occupation, and potential career advancements are considered to estimate future income.
Role of the Deceased in the Family
The loss of a primary breadwinner or caregiver can have a significant impact on survivors, making these considerations pivotal in wrongful death claims.
Economic vs. Noneconomic Damages in Wrongful Death Settlements
Wrongful death settlements are typically divided into two main categories: economic and noneconomic damages.
Economic Damages
Economic damages in wrongful death settlements represent the tangible financial losses incurred by the deceased’s family due to their passing. This may include:
- Lost wages
- Loss of future earning potential
- Funeral and burial expenses
- Outstanding medical bills related to the injury or illness that led to death
- Loss of benefits, such as retirement contributions or health insurance
Noneconomic Damages
In wrongful death settlements, emotional and personal losses are classified as noneconomic damages. These damages compensate for the subjective and profound impact of losing a loved one, which cannot be easily quantified in monetary terms. Emotional suffering encompasses grief, mental anguish, emotional distress, and loss of parental guidance for children.
How Punitive Damages Affect Wrongful Death Settlements
While not applicable in every case, punitive damages can significantly increase the total compensation if awarded. Courts assess the severity of the defendant’s misconduct and their financial standing to determine an appropriate punitive award.
What Are Punitive Damages?
Punitive damages differ from compensatory damages in that they are not intended to cover the victim’s or family’s losses. Instead, they serve as a financial penalty for the defendant’s particularly egregious behavior.
When Are Punitive Damages Awarded?
In wrongful death cases, punitive damages are awarded when the defendant’s actions are found to be especially reckless, malicious, or intentional. The primary purpose of these damages is to deter similar conduct in the future by sending a strong message that such behavior will have severe financial consequences.
How Insurance Policies Influence Wrongful Death Settlements
Insurance policies play a pivotal role in shaping the outcome of wrongful death settlements. Insurance companies aim to minimize compensation, often doing so by employing tactics to complicate or delay the settlement process.
Limits on Compensation From Insurance
The coverage limits of the defendant’s insurance policy often dictate the maximum compensation available to the bereaved family. For instance, auto insurance policies have specific caps on compensation, which can restrict the settlement amount regardless of the actual damages incurred.
What Happens When Insurance Doesn’t Cover the Full Settlement?
In cases where the insurance coverage is insufficient to cover the full extent of the claim, survivors of a wrongful death victim may need to pursue additional compensation through the defendant’s personal assets.
How Wrongful Death Settlements Are Calculated: An Example
Consider the real-life example of a notable wrongful death case in California and how the settlement was calculated. The case involved a pedestrian who was fatally injured due to a driver’s negligence. The family pursued a wrongful death claim, focusing on lost future earnings and the emotional impact on the deceased’s children. The court awarded substantial economic damages for the deceased’s projected lifetime earnings, alongside noneconomic damages for loss of companionship.
Legal Process for Pursuing a Wrongful Death Settlement
The legal process begins with determining eligibility, as only certain family members or dependents can file the claim. Once eligibility is established, the plaintiff must gather substantial evidence to support the claim, including medical records, accident reports, and witness statements. This evidence is crucial in demonstrating the defendant’s liability and the extent of damages suffered.
After compiling the necessary documentation, the plaintiff files a formal complaint with the court, outlining the allegations and desired compensation. The defendant is then served with the lawsuit and given an opportunity to respond.
Working With a Wrongful Death Lawyer
Partnering with a wrongful death attorney is crucial for navigating the complexities of a wrongful death lawsuit. An experienced lawyer helps by gathering and preserving critical evidence, managing communications with insurance companies, and preparing for courtroom litigation if necessary. They also provide strategic advice tailored to maximizing compensation for the family.
Negotiating a Settlement vs. Going to Trial
Most wrongful death cases are settled out of court, but if a settlement can’t be reached through negotiation, the case may go to trial, where a judge or jury will determine the outcome.
Speak to One of Our Santa Ana Wrongful Death Attorneys Today
If your loved one was taken away due to the senseless actions of another person, contact the experienced attorneys at HN Injury Lawyers. We’ve won over $100 million for our clients and are prepared to help you.
Schedule a free consultation with one of our Santa Ana wrongful death lawyers right away by calling (657) 333-5726. You won’t owe us anything unless we win you a settlement.
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