San Rafael Wrongful Death Attorney

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Putting the “Personal” back in injury law
  • 50 years of experience
  • NO LEGAL FEES unless we win your case
  • A legal team that puts you first

What Damages Can Be Recovered in a Wrongful Death Claim?

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Economic Damages

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First, economic damages include tangible financial losses that the survivors or heirs may have suffered. In a typical personal injury case, this may include items such as medical bills and lost wages. In a wrongful death claim, economic damages can include:

  • The loss of gifts or benefits that the heirs could have expected to receive from the deceased
  • The financial support that the deceased would have contributed to the family during their lifetime
  • The reasonable value of household services that the deceased would have provided and 
  • Funeral and burial expenses.

Non-Economic Damages

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Non-economic damages are meant to compensate survivors for their intangible losses, such as the loss of the deceased’s:

  • Training and guidance
  • Moral support
  • Affection
  • Sexual relations
  • Protection
  • Society and companionship

Non-economic damages do not include recovery for the survivors’ pain and suffering, grief, or emotional distress that was caused by their loved one’s death. While it can be harder to prove non-economic damages, a personal injury lawyer will put together a demand to the insurance company for damages based on their experience and knowledge of similar cases.

Recovery for both economic and non-economic damages is limited to a specific period of time. Survivors can recover for the shorter of (1) the deceased’s life expectancy at the time of the wrongful act, or (2) the life expectancy of the plaintiff (survivor) at the time of the wrongful act. A person’s life expectancy is determined by the jury, taking into account factors such as occupation, health, and lifestyle.

Because these damages are limited to either the deceased or the survivor’s life expectancy, recovery in a wrongful death case can vary significantly based on the facts of the case. For example, a wrongful death claim involving a 34-year-old IT worker in Oakland will typically lead to a higher amount of compensatory damages than a case involving an 80-year-old retiree in Marin County.

Importantly, heirs in a wrongful death action cannot recover punitive damages in almost all cases, which are meant to punish a wrongdoer for their conduct. The only exception is if the deceased was killed in a felony homicide for which the defendant has been convicted. However, punitive damages may be available through a survival action, as described above.

We’re Here For You

If you have lost a loved one due to the wrongful conduct of another person, you may be able to file a wrongful death claim with the help of a personal injury attorney. Through this type of lawsuit, you may be able to recover financial compensation. While money won’t make you whole again, it can help you move forward with your life after a loss.

The Kuvara Law Firm represents individuals throughout the San Francisco Bay Area. We offer free case evaluations, where we will advise you about your claim, and never charge a fee unless we recover money for you.