General Damages Available in a Wrongful Death Claim in California
When filing a wrongful death claim in California, the damages can include economic as well as non-economic damages. Usually, non-economic damages will be referred to as general damages. These types of damages represent intangible losses the plaintiff has sustained because of the loss of the victim, including emotional distress.
In the State of California, upon filing a wrongful death claim, the general damages will not involve the emotional distress the victim suffered before his or her passing. It will also not involve his or her pain and suffering. Moreover, the general damages will not involve the plaintiff’s sorrow or grief associated with the victim’s passing. Instead, general damages will be awarded based on the value of the victim’s society or companionship. This may include the loss of companionship, the loss of love and comfort, or the loss of affection, assistance, care, and protection.
The Components of General Damages in California
In a wrongful death claim, the elements of general damages are concerned with the most valuable and profound things in a person’s life. For example, for many years, love has been considered a human’s greatest motivators, where the love of a child, spouse, or other loved one is among the greatest meaningful things in life.
Assistance, caring, companionship, protection, and affection from a loved one are essential human needs. The guidance and moral support a person can give are also greatly valued in a person’s life. The components of general damages are profound and they raise many questions about what is or should be considered important in a person’s life.
Being able to provide sufficient evidence of the value of these components of the general damages demands meticulous thought, skill, and planning. It is critical to identify any possible witnesses who were well associated with the deceased and the plaintiff as soon as possible. The ability to provide testimony of the relationship between the deceased and the plaintiff and the effect that the passing had on the plaintiff is critical to the case. Co-workers, friends, or other family members can provide valuable evidence about how the decedent’s personal traits enriched the plaintiff’s life. Stories, details, and anecdotes can help illustrate the support, companionship, and love the deceased provided to the plaintiff.
Detailed examples of how the sudden demise affected the plaintiff’s quality of life are strongly supportive in a wrongful death claim. This can include examples of how the plaintiff stopped partaking certain activities he or she used to partake in with the decedent. The overall goal is to illustrate an in-depth and accurate picture of the relationship between the decedent and the plaintiff. This task is challenging and will require significant preparation.
Speak to a Proficient Wrongful Death Attorney in California
If you have recently lost a loved one because of the negligence of another, filing a wrongful death claim can provide aid in your time of grief. General damages are only a portion of the damages available in filing a claim; speak to a knowledgeable attorney for more information on how to file a successful wrongful death lawsuit.
The attorneys at the Knez Law Group, LLP are highly skilled in the field of wrongful death claims. The firm is committed to helping those who have lost a loved as a result of negligence recuperate the maximum amount of compensation available. Consider contacting the firm today for a free case evaluation.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.