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

In California, the surviving family members of a person who has passed away due to the negligence or wrongful conduct of another may be able to file a wrongful death lawsuit. If successful, these family members may be awarded various types of compensation. In addition to the damages for the loss of the deceased’s life, such as for pain and suffering, lost wages, and burial expenses, the family members may also be able to collect damages for their own losses due to the death. These may include loss of companionship, loss of financial support, and emotional distress. In some cases, the family members may also be able to recover punitive damages if a high degree of negligence is present. These damages are intended to punish the wrongdoer and to discourage others from engaging in similar wrongful conduct. Punitive damages are generally only available in California if the wrongful death was caused by the intentional act of the wrongdoer, or if there is a particularly egregious act of negligence. In addition, the surviving family members may also be able to collect interest on any financial losses they incur due to the wrongful death. This interest is intended to compensate the family for the delayed payment of the damages. Finally, in some cases, attorneys’ fees may also be awarded to the family if they successfully prove their wrongful death case. Attorneys’ fees are generally awarded if the wrongful death was the result of an intentional act of the wrongdoer or a particularly egregious act of negligence.

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