CALIFORNIA WRONGFUL DEATH LAWYER (PART III): DEATH OF AN ADULT
The following is part three in a four-part series on wrongful death. If you need a wrongful death lawyer and are located in the State of California, please call us at 1-800-ALAWPRO for a free consultation.
DEATH OF AN ADULT
Economic damages consist of:
1. The financial support, if any, that Decedent would have contributed to the family during either the life expectancy that Decedent had before [his/her] death of the life expectancy of Plaintiff, whichever is shorter;
2. The loss of gifts or benefits that Plaintiff would have expected to receive from Decedent;
3. Funeral and burial expenses; and
4. The amount paid, and reasonably certain to be paid in the future, to obtain household services that Decedent would have provided.
General damages consist of:
1. The loss of Decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support; [and]
2. The loss of the enjoyment of sexual relations.
3. The loss of Decedent’s training and guidance.
Common sense would indicate that when you lose a loved one, the biggest element of a plaintiff’s damage is the grief, sorrow and mental anguish suffered as a result of the loss. However, in California the jury is specifically instructed that it cannot compensate for these damages [CACI 3921].
This is also true for any compensation for the decedent’s pain and suffering. Therefore, if the decedent was severely burned or became a quadriplegic from the accident and subsequently died from those injuries, no compensation can be awarded for the pain and suffering experienced by the decedent before his death [CACI 3921].
Punitive damages, those designed to punish the defendant rather than to compensate the family or others entitled to recover for the loss, can only be awarded in cases where plaintiffs prove the person or company which caused the death was “guilty of oppression, fraud, or malice” [Civil Code section 3294]. “Malice” means conduct that is intended to cause injury such as a battery, or despicable conduct carried out with a willful and conscious disregard of the rights or safety of another. “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights. “Fraud” means an intentional misrepresentation, deceit or concealment of a material fact known to the defendant with the intention of causing injury.
Read our whole series on Wrongful Death:
PART I: CALIFORNIA WRONGFUL DEATH LAWYER: WHAT IS WRONGFUL DEATH? WHO MAY RECOVER FOR THE WRONGFUL DEATH?
PART III: CALIFORNIA WRONGFUL DEATH LAWYER: DEATH OF AN ADULT PART IV: CALIFORNIA WRONGFUL DEATH LAWYER: DEATH OF AN ADULT
