Are wrongful death damages different from compensatory damages?
Yes, wrongful death damages and compensatory damages are two different types of damages that can result from a wrongful death lawsuit. Wrongful death damages are meant to compensate a deceased individual’s family members for the losses they suffer due to the death of their loved one. These damages are meant to compensate the surviving family members for their losses related to the death such as loss of financial support, pain and suffering, loss of companionship, and loss of love. Compensatory damages are a different type of damages that are intended to compensate an individual for actual losses, such as medical expenses, loss of wages, and funeral costs. Compensatory damages are not intended to provide compensation for the family’s emotional losses or loss of consortium, which are included in wrongful death damages. In California, if a wrongful death lawsuit is successful, a court is likely to award both wrongful death damages and compensatory damages to the surviving family members. This is because each type of damage serves a different purpose and provides the family with a different type of compensation. It is important to keep in mind that both types of damages are meant to compensate the family for their losses, and neither one is meant to put a dollar amount on the deceased individual’s life.
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