In a California personal injury case, if the plaintiff’s loved one has passed away as a result of the defendant’s wrongful conduct, the plaintiff may be entitled to compensation through a wrongful death claim. California law allows the surviving family members, such as spouses, children, or parents, to seek compensation for the loss of their loved one due to the defendant’s negligence or intentional acts. The compensation may include damages for emotional distress, the loss of companionship, care, and support that the deceased would have provided, as well as funeral and burial expenses. The court will consider the nature of the relationship between the plaintiff and the deceased, the economic contributions the deceased would have made, and the emotional toll the loss has caused to determine the appropriate damages.
In addition to wrongful death claims, California law also allows for survival actions, which enable the estate of the deceased person to pursue claims for damages that the decedent could have sought if they had survived the injury. This can include compensation for the pain and suffering the decedent experienced prior to their death, medical expenses incurred due to the injury, and any lost income the decedent would have earned. In wrongful death cases, the plaintiff must demonstrate that the defendant’s actions were directly responsible for the death and that the surviving family members are entitled to compensation. These claims are important for addressing the emotional and financial impact of losing a loved one due to another’s wrongful actions.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].