The value of a wrongful death claim depends on several factors, including the nature of the deceased’s life, the relationship between the decedent and the plaintiffs, and the financial and emotional damages suffered.
At Ernst Law Group, we work closely with families to ensure they receive the compensation they deserve. Below, our San Luis Obispo wrongful death lawyers break down the key factors that influence the value of a wrongful death lawsuit.
Factors that determine the value of a wrongful death lawsuit
No two wrongful death cases are alike, meaning each lawsuit’s value will vary based on specific circumstances. The following factors are commonly considered when determining how much a wrongful death lawsuit is worth.
1. Economic damages
Economic (compensatory or actual) damages represent the financial losses that result from the death of a loved one. These quantifiable losses often comprise a significant portion of the compensation awarded.
- Medical expenses – Any medical costs incurred before the decedent’s death, including hospital bills, surgeries, medications, and other treatments, are recoverable in a wrongful death lawsuit.
- Funeral and burial expenses – Compensation typically includes reasonable funeral and burial costs.
- Loss of income – The decedent’s future earning potential is a major factor in determining the lawsuit’s worth. This includes lost wages and benefits (such as pensions and health insurance) the decedent would have provided to the family.
- Loss of household services – The value of services the decedent would have provided, such as childcare, home maintenance, or other household responsibilities, is also considered.
2. Non-economic damages
Non-economic damages compensate surviving family members for the emotional and psychological toll of losing a loved one. While these damages are more subjective and harder to quantify, they are critical in determining the overall value of a wrongful death lawsuit.
- Loss of companionship and affection – This compensates for the emotional impact of losing the deceased’s love, care, and companionship.
- Loss of consortium – Surviving spouses may seek compensation for the loss of intimacy and companionship as a result of the wrongful death.
- Loss of parental guidance – The decedent’s children may be entitled to compensation for the loss of parental guidance, emotional support, and nurturing.
3. Punitive damages
In cases where the defendant’s conduct was reckless or malicious, the court may award punitive damages. Unlike economic and non-economic damages, which aim to compensate the family, punitive damages are designed to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are not common in wrongful death lawsuits unless extreme negligence or intentional harm is involved.
4. Survival actions
In addition to wrongful death claims, California law allows for a survival action. This type of claim allows the decedent’s estate to seek compensation for damages incurred by the decedent between the time of the injury and their death. These damages may include the decedent’s medical bills, lost wages, and pain and suffering experienced before passing.
Who determines how much a wrongful death lawsuit is worth?
The value of a wrongful death lawsuit is typically determined through negotiations between the plaintiff’s attorney and the defendant’s insurance company. However, if the case proceeds to trial, the final amount may be decided by a jury. In either case, an experienced wrongful death attorney is crucial for accurately calculating damages, negotiating a fair settlement, or advocating for a substantial jury award.
How California laws affect wrongful death compensation
Several California statutes influence how much a wrongful death lawsuit is worth. These laws set guidelines for filing a claim, determining compensation, and distributing the damages among surviving family members.
1. Who can file a wrongful death lawsuit
Only specific individuals are eligible to file a wrongful death claim. These include the decedent’s spouse, domestic partner, children, and other financial dependents. The eligibility of these parties may impact the amount of compensation awarded in the lawsuit, as it determines who is entitled to recover damages.
2. Comparative negligence
California follows the pure comparative negligence rule. This means that if the decedent was partially at fault for the accident that led to their death, the compensation awarded may be reduced by the percentage of their fault. For example, if the decedent was found to be 20% at fault for the accident, the damages awarded would be reduced by 20%.
3. Distribution of damages
California law dictates how the damages are distributed if multiple family members are entitled to compensation. Typically, the court will distribute damages according to the family member’s relationship to the decedent and their level of financial dependency.
How Ernst Law Group can help
At Ernst Law Group, we understand the overwhelming financial and emotional toll a wrongful death can take on a family. Our experienced attorneys are dedicated to securing the compensation you deserve and guiding you through every step of the legal process. We carefully evaluate each case to ensure that all potential economic and non—economic damages are fully considered.
Contact Ernst Law Group for a free consultation
If you are asking how much is a wrongful death lawsuit worth, we invite you to contact us at Ernst Law Group for a free consultation. We will review the details of your case, explain your legal options, and help you understand the potential value of your claim. Our team is committed to fighting for justice and securing the maximum compensation for your family.
