Understanding Wrongful Death Claims and Survival Actions in Rio Linda
I’m Ed Smith, a Rio Linda wrongful death lawyer. Family members who have lost a loved one because of a wrongful death can claim economic and noneconomic damages as a result. While nothing will bring back your loved one, financial compensation can make it easier for the family to get on with their lives. A wrongful death occurs when a family member dies as a result of another individual’s negligent actions or for other reasons. Let’s take an in-depth look at filing wrongful death claims and survival actions when someone dies.
What Can Be Claimed as Compensation in a Wrongful Death?
Economic damages are those for which an amount of money can be assigned for the following losses. Noneconomic damages have no tangible amount affixed to them.
- Financial support that the decedent would have provided during his or her working years at their job can be viewed as an economic loss.
- Funeral and burial costs are a part of the economic damages suffered by the remaining family members.
- Benefits the decedent would have received such as a pension, bonuses, stock shares in the company, health insurance with family coverage, etc. are recoverable.
- The loss of household services the decedent provided are those things which would have to be paid for in their absence. Cooking, childcare, purchasing supplies, changing the car’s oil, managing financial records and bills and other items of routine maintenance are included.
- The loss of the decedent’s love, comfort, companionship, care, protection, affection, assistance, society and moral support are recoverable damages.
- Training and guidance such as with the family’s children can be compensated.
- Loss of consortium may be filed by the spouse or partner of the deceased.
Punitive and Personal Injury Damages Related to a Wrongful Death
In the state of California, personal injury and egregious harm, also known as punitive injury, related to an accident that ends in the person’s demise are not part of a wrongful death claim. However, both can be included in a different claim known as a survival action.
How Wrongful Death Claims and Survival Actions Differ
A wrongful death claim allows the family of the deceased to recover what the decedent gave to or would have supplied the survivors with had the person not died. The survival action gives the estate the ability to stand in for the decedent, and recover the personal injuries the person suffered prior to dying. Basically, it allows for damage recovery in the timeline from the accident to the person’s death.
What Can a Survival Action Include?
Survival actions include damages associated with the injury. This includes medical costs, loss of wages, property damage, pain and suffering as well as the knowledge the person has that they are dying. In the case where a person started a personal injury lawsuit prior to dying from his or her injuries, it can persist beyond their demise in a survival action. Punitive damages can also be included if the negligent party’s actions were deplorable such as in a DUI crash. Punitive damages are generally used to punish the wrongdoer. An experienced California wrongful death lawyer can help families who have lost someone by filing the appropriate actions for them.
Rio Linda Wrongful Death Lawyer
I’m Ed Smith, a Rio Linda wrongful death lawyer. A family member’s death is a devastating time for those left behind. Nothing can fill the space left unoccupied by their loved one’s demise. However, wrongful death lawsuits and survival actions can lift the worry of financial burdens associated with the loss. Reach out to me for compassionate, free and friendly advice by calling (916) 921-6400 or (800) 404-5400. You can reach me online if that is easier for you by using our contact web page.
I’ve been practicing personal injury law for more than 36 years in the Sacramento and Northern California area. I’ve helped injured individuals obtain the compensation they deserve in all types of accidents.
I belong to the Million Dollar Advocates. We are a forum of trial attorneys where membership is limited to those who have won verdicts and settlements in excess of $1 million for past clients.
When you need an attorney, you need to learn a little about them first. Learn about my practice, how clients felt about me, and what some of my peers have to say on the following pages:
You can also see how I resolved other cases for clients on my Settlements and Verdicts page.
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