What types of compensation can be recovered in a wrongful death lawsuit?

In California, a wrongful death lawsuit is a civil lawsuit brought by the surviving family members of a person who was killed due to the negligence, recklessness, or intentional act of another person or company. If the wrongful death suit is successful, the family of the deceased person may be entitled to recover certain types of compensation. The first type of compensation is monetary damages. This includes medical expenses incurred by the deceased before their death, funeral and burial expenses, lost financial support and earnings, loss of inheritance, and damages for the pain and suffering of the deceased before their death. In addition, the surviving family members can claim damages for the loss of their companionship, comfort and protection, as well as the economic value of services that the deceased would have provided. The second type of compensation is punitive damages. This is a sort of penalty or punishment that may be imposed on the responsible party in cases of egregious misconduct. The purpose of punitive damages is to deter other people from engaging in similar conduct. The final type of compensation is called “nominal damages”. These damages are awarded where the court finds that there was a wrongful death but there is insufficient evidence to establish the economic loss incurred by the surviving family members due to the death. Overall, the surviving family of a person killed due to the negligence, recklessness, or intentional act of another person or company can recover monetary damages, punitive damages, and nominal damages depending on the evidence presented in a wrongful death lawsuit.

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