Northern California Wrongful Death Attorneys

Under California law spouses, domestic partners, children, or children of the children of the deceased may sue for both economic and non-economic damages. Economic damages in wrongful death lawsuits include the loss of the deceased’s income over what would have been his or her normal life expectancy or that of the plaintiff, whichever is shorter. Life expectancy is determined by a number of factors including overall health, lifestyle habits, occupation, and so forth.

Additional economic damages include the monetary value of gifts or other benefits that family members may have expected to receive from the deceased, funeral and burial expenses, and the value of household services – cooking, housekeeping, and child care, for example, if the individual did not work outside the home.

Non-economic damages in wrongful death suits include the love, affection, moral support, protection, and companionship that the deceased would have provided had he or she lived. Non-economic damages are especially important if the deceased was not a financial contributor to the family such as a child, grandparent, or spouse who does not work outside the home. How non-economic damages are awarded depends on the jury, which is generally instructed by the judge to determine a reasonable amount based on the evidence presented in the case.

There are damages that cannot be considered in wrongful death lawsuits. Grief, sorrow, or mental anguish of the surviving family members or any pain and suffering that the deceased person may have experienced prior to death are not considered among non-economic damages.