Losing a loved one in a wrongful death is an unimaginable tragedy, and no amount of compensation is enough to make up for such a devastating loss. However, pursuing fair financial restitution is crucial to ensuring you and your family have the best possible quality of life despite your immense loss.
Wrongful death claims are not meant to compensate for the losses the deceased person experienced between the accident and their eventual passing. Such losses are addressed through a separate claim called a survival action.
For surviving family members in San Mateo, a wrongful death claim seeks compensation for various economic losses, including medical bills paid on behalf of the decedent. Additionally, they can seek restitution for:
Most of the time, the bulk of recovery in a successful wrongful death case comes from “non-economic losses,” which lack objective financial values. Recoverable damages in San Mateo wrongful death cases can include emotional anguish and psychological trauma experienced by surviving family members because of a loved one’s premature death.
Family members may also be eligible to seek restitution for the emotional impact of the wrongful death, such as lost care, guidance, companionship, and consortium.
Under California state law, punitive damages are typically not imposed on a defendant in a wrongful death claim except when the defendant’s actions involve malicious, oppressive, or fraudulent conduct. However, there is an exception to this rule in cases of wrongful deaths caused by felony murder. Additionally, there are no restrictions on the availability of punitive damages in survival actions.
Losing a loved one under any circumstances is a tragic and unsettling experience, particularly when the loss only happened because of someone else’s misconduct. Civil restitution cannot erase all the harm done to you and your family, but it can help mitigate the short and long-term effects.
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