Damages in Palm Springs Wrongful Death Cases

An unexpected death of a beloved family member can have far-reaching impacts on your life. Without your loved one’s comfort and companionship, you might struggle to get through even the most mundane tasks each day. You might also experience greater financial burdens than you ever have without your loved one’s weekly paycheck.

Fortunately, a legal solution might be available to help you and your family get through this devastating time. A skilled wrongful death attorney who has experience helping grieving families pursue damages in Palm Springs wrongful death cases might be able to help your family obtain the financial support they need and deserve.

Who Can Pursue Damages in a Palm Springs Wrongful Death Claim?

A sudden death can affect many people. The deceased person’s immediate family members, extended family members, classmates, friends, neighbors, and coworkers might all mourn their loss. However, not everyone impacted by a wrongful death can pursue a legal claim against the wrongdoer who caused the death.

California Code of Civil Procedure § 377.60 restricts the groups of people who can file suit and only permits the following groups of relatives of a deceased person to bring a wrongful death claim:

  • The decedent’s surviving spouse
  • The decedent’s surviving domestic partner
  • The decedent’s children
  • Children or grandchildren of the decedent’s deceased children
  • Anyone eligible to inherit the decedent’s property through intestate succession

In addition, if they can demonstrate that they were financially dependent on the deceased person, the following parties are also eligible to bring a claim:

  • The decedent’s putative spouse
  • The putative spouse’s children
  • The decedent’s stepchildren
  • The parents or legal guardians of the decedent

Trying to figure out who is eligible to file a claim can be confusing, which is why working with an experienced legal professional is important. A knowledgeable lawyer could explain the relevant rules and let a grieving family member know whether they have the right to file a lawsuit.

Types of Damages in Wrongful Death Cases

When someone dies unexpectedly, the family they leave behind can experience financial setbacks and emotional hurdles. The purpose of a wrongful death claim is to allow surviving family members to pursue compensation for their past, current, and future losses deriving from their loved one’s preventable death.

California law allows eligible family members to seek recovery for both their economic and non-economic losses.

Economic Damages

Economic damages are monetary losses that occurred and will occur in the future to the person filing suit because of the deceased person’s death. For example, a surviving spouse could pursue recovery of their deceased spouse’s future lost wages, benefits, and earning expenses. If the decedent stayed home to watch the children and manage the household, the surviving spouse could pursue compensation for the lost childcare or household services that the decedent would have performed. A family could also seek reimbursement for the funeral and burial expenses, as well as for any other out-of-pocket expenses the family has experienced because of the unexpected death.

Non-Economic Damages

Non-economic damages are not as easy to quantify as economic damages because they involve intangible losses. These types of damages can include:

  • Loss of comfort
  • Loss of training
  • Loss of consortium
  • Loss of companionship
  • Loss of parental guidance

A Palm Springs attorney could help a surviving family member estimate the potential value of a damages award to determine whether it is in their best interest to file a wrongful death suit.

Meet With a Palm Springs Attorney About Wrongful Death Damages

Losing a loved one to a death that could have been avoided is extremely upsetting. Pursuing damages in Palm Springs wrongful death cases could allow you to hold the wrongdoer accountable for their negligence or misconduct. You could use the compensation to protect your future and alleviate your financial worries.

Meet with our dedicated legal team at the Walter Clark Legal Group today to discuss your rights.

Walter Clark Legal Group

Walter Clark Legal Group