If a person has suffered death because of the fault of another individual, the family of the deceased person has the right to sue a wrongful death claim against the person who caused the death of their beloved one. In the collection of damages in a wrongful death case, there are the economic as well as non-economic damages involved.
The family members of the deceased one have every right to sue the person behind the death for the economic losses that happened due to the death of their loved one. This will include all the money that they had spent on the procedures related to death. The dependence that the family had on the deceased person for livelihood can also be included in the economic damages.
There can be so many things included in the economic damages in a wrongful death case. In most of the wrongful death cases, the economic damages cover:
- The income lost because of the death of the person.
- Costs of the funeral.
- Loss of inheritance.
- All the medical expenditures associated with death.
- Value of services that could have been provided by the deceased.
- The loss of all gifts and benefits that would have been provided by the deceased if he was alive.
The final list of the things included in economic damages will depend on each case. For instance, the medical expense may not be much if the person has died instantly without the need for any medical treatment. In this case, only the ambulance costs will be covered under medical expenses. The economist may reduce the award of future damages to the cash value present at the time. For those persons who were exposed to some toxic substances before death, they can gain thousands of dollars because of the prolonged treatment they underwent for many years.
An economist will systematically evaluate the economic damages based on the employment, age, and earning capacity of the deceased person.
The pain and suffering that one suffers due to wrongful death are termed as the non-economic damages. There is no scope for recovering the non-economic damages in a wrongful death case within California.
However, there is a scope for the personal injury attorney to prove the non-economic damage suffered due to the death of the person and try if there is any way of recovery possible.
If you are recovering from the financial and other losses due to the wrongful death of a loved one, it will be in your best interest to seek the help of a wrongful death attorney.