Types of Damages in Wrongful Death Cases in San Diego

When a loved one’s life is cut short due to someone else’s negligence or misconduct, the toll on the family is immense. While no amount of money can compensate for such a profound loss, California law allows families to seek damages through a wrongful death claim to ease the financial burden and provide a measure of justice. Below, we break down the types of damages available in wrongful death cases in San Diego.

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What Are Damages in a Wrongful Death Case?

Damages in a wrongful death case are meant to compensate surviving family members for the losses they’ve suffered due to their loved one’s death. These damages fall into two main categories:

1. Economic Damages: Financial losses with a measurable value.
2. Non-Economic Damages: Intangible losses that affect the emotional well-being of surviving family members.

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1. Economic Damages

Economic damages are designed to cover the tangible, financial losses caused by the death of a loved one. These include:

Loss of Financial Support

If the deceased was a provider for the family, their death can leave surviving family members facing an uncertain financial future. A wrongful death claim can recover the loss of income, benefits, and financial contributions that the deceased would have provided if they had lived. This includes:

• Wages and salary, including projected future earnings.
• Pensions, health insurance, or other benefits.
• Contributions to savings accounts or retirement funds.

Loss of Household Services

In many families, the deceased contributed in ways that saved the family money, such as performing childcare, cooking, cleaning, or home maintenance. The value of these services can also be calculated and recovered in a wrongful death claim.

Funeral and Burial Expenses

The sudden loss of a loved one often leaves families unprepared for the financial burden of funeral and burial costs. These expenses, which can add up quickly, are recoverable in a wrongful death claim.

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2. Non-Economic Damages

Non-economic damages compensate surviving family members for the loss of the decedent’s relationship. These damages are not tied to specific monetary amounts but are equally important in reflecting the impact of the loss.

Loss of Love, Care, and Companionship

Losing a loved one means losing the comfort, affection, and emotional support they provided. Surviving family members may recover damages for the loss of love, companionship, and the unique bond they shared with the deceased.

Loss of Guidance and Training

Children who lose a parent may experience significant emotional and developmental challenges due to the loss of parental guidance and support. Damages can account for the long-term impact of losing a mentor and caregiver.

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An experienced wrongful death attorney is essential to properly value your case and ensure you receive full and fair compensation. 

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Pre-Death Damages (Survival Claims)

In some cases, the deceased may have experienced pain, suffering, or financial losses between the time of the incident and their passing. These damages are pursued through a survival action, which is separate from a wrongful death claim but often filed simultaneously.

Pre-death damages may include:

• Medical expenses incurred before the deceased’s passing.
• Pain and suffering endured by the deceased before death.
• Lost wages for the time the deceased was unable to work before passing.
• Punitive damages if the defendant acted recklessly or intentionally. 

There are pros and cons to filing survival claims with a wrongful death claim. Pros include the potential for additional damages, while cons include the potential for additional medical liens. For example, a survival claim requires the repayment of medical expenses from the recovery, while a wrongful death claim does not. Consult an accomplished personal injury attorney to determine the best strategy to maximize your recovery.

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Factors That Influence the Value of Damages

Every wrongful death case (like every person and relationship) is unique, and the total amount of damages depends on several factors, including:

• The age and health of the deceased.
• The age and health of the surviving family members.
• The deceased’s earning capacity and career trajectory.
• The relationship between the deceased and the claimant (e.g., spouse, child, parent).
• The degree of negligence or misconduct by the responsible party.
• The experience and skill of your attorney.

Wrongful death non-economic damages are calculated in part based on the number of years the surviving family members will continue to live with the loss of their loved one. For example, if a 40-year-old father was fatally injured at work, and he had a life expectancy of another 42 years, then his wife and children would be entitled to damages for each year of the 42 years he would have been around but for his death. 

Alternatively, if an 82-year-old woman was tragically killed in a car accident, and she had a life expectancy of another 4 years, then her surviving heirs would only be entitled to damages for the remaining 4 years of her life expectancy. Of course, these remaining 4 years would be all the more precious because there were few left.   

An experienced trial attorney will work with life expectancy tables, economic experts, medical professionals, and other specialists to calculate the full value of your losses and ensure you receive fair compensation.

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Why Choose Hulburt Law Firm?

At Hulburt Law Firm, our acclaimed San Diego Wrongful Death Attorneys know that pursuing a wrongful death claim is about more than just financial compensation—it’s about seeking accountability and justice for your loved one. Founding attorneys, Conor and Leslie Hulburt, have a proven track record of advocating for families who have suffered unimaginable loss.

Here’s how we can help:

• Thorough investigations: We uncover the truth by gathering evidence and consulting experts.
• Comprehensive case evaluations: We ensure every possible damage is accounted for.
• Proven track records of success: Ask us about our results in wrongful death cases similar to yours. 
• Compassionate representation: We treat you with the care and respect you deserve.

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Let Us Help You Seek Justice

If you’ve lost a loved one due to someone else’s negligence, you deserve justice, closure, and the financial support to move forward. We’re here to guide you every step of the way and fight tirelessly on your behalf.

Contact us today for a free consultation. Let us help you uncover the truth and demand the justice you deserve. The Truth Demands Justice.

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Related Content:

• Causes of Wrongful Death in San Diego
• Proving Negligence in Wrongful Death Cases in San Diego

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