Are compensatory damages available for a wrongful death claim?
Yes, compensatory damages are available for a wrongful death claim in California. Compensatory damages are intended to compensate the survivors of the deceased for losses associated with the wrongful death. Examples of compensatory damages include: loss of financial support, medical expenses, funeral and burial expenses, loss of companionship, grief, sorrow, and mental suffering. Compensatory damages are designed to place the survivors of the deceased in the same position, financially and emotionally, as if the wrongful death had never occurred. Compensatory damages are awarded by a jury or judge at the conclusion of a wrongful death civil lawsuit. In California, the law also allows for punitive damages to be awarded in cases involving particularly egregious conduct. In cases where the deceased had no spouse, children, or other dependents, the estate of the deceased may bring a wrongful death lawsuit. If a wrongful death lawsuit is successful, the estate may be entitled to receive compensatory damages that include medical expenses and funeral expenses. The court may also award the estate punitive damages. In conclusion, wrongful death claimants in California are typically eligible to receive compensatory damages. Compensatory damages are intended to compensate the survivors of the deceased for losses associated with the wrongful death. In addition, the estate of the deceased may also be awarded compensatory and punitive damages.
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