Damages in Banning Wrongful Death Cases
When unlawful acts—such as negligence, recklessness, or intentional actions of a person or business—cause a person’s death, state laws allow the surviving family to file a legal claim for wrongful death. The deceased’s family or estate representative can file a civil action to seek compensation from the responsible party.
However, the civil court process is challenging to navigate, and that is particularly true for families grieving the loss of someone they love. A qualified lawyer with experience seeking damages in Banning wrongful death cases could handle all the paperwork and court filings on your family’s behalf and fight for a fair settlement.
Available Damages for Wrongful Death Suits
When the legal action is successful, the court awards compensation to the surviving family of the deceased for their injuries and financial losses. According to the guidance provided by the California Civil Jury Instructions § 3921, damages for wrongful death lawsuits fall within two primary groups.
The first is economic damage and includes payment for financial losses the family experiences as a result of the death. The second is non-economic damages, the intangible injuries surviving family members suffer from the tragic loss.
The Award for Damages
Some examples of the monetary damages available to surviving family members include the following:
- The loss of benefits and gifts
- Reasonable funeral burial expenses
- When married, payment for the spouse’s loss of intimacy
- Reasonable monetary value of household service lost by the family because of the death
- Payment for the financial support the decedent would have contributed during their lifetime
- Payment for the family’s loss of love, society, companionship, care and affection, and moral support
Every case has its own set of circumstances and the specific dollar amount the court awards. They consider various factors, including the impact on the family and circumstances leading to the wrongful death. Available damages in Banning wrongful death claims can vary. A strong case that clearly establishes the losses caused by the defendant’s negligence is essential.
Eligibility to File the Lawsuit
State laws give the following parties the legal right to initiate legal action for wrongful death cases:
- Surviving spouse or a registered domestic partner
- Children of the deceased, including biological, adopted, or stepchildren
- Parents of the deceased if there is no living spouse, domestic partner or children
- Dependent relatives of the deceased may be eligible, depending on the circumstances, if none of the other eligible parties are available to file the suit
- Finally, a personal representative can file the petition on behalf of the estate if there are no eligible living relatives
Priority and eligibility to file may vary, depending on the case specifics. A seasoned attorney could answer specific questions about damages for wrongful death cases in Banning and handle the legal work to ensure fairness and compliance with the regulations.
Speak to a Banning Attorney About Recoverable Damages in Your Wrongful Death Case
Losing a family member suddenly and because of someone else’s recklessness can feel shocking and infuriating. While the court and no amount of compensation can reverse the damage they caused, a wrongful death lawsuit could allow you and your family to adjust to the new reality and get back on your feet.
The suit will also enable you to hold the responsible party accountable. For help with your case, contact a compassionate lawyer who has experience seeking fair damages in Banning wrongful death cases. Call Walter Clark Legal Group today for more information and to schedule a free consultation.
