Losing a loved one is devastating, and when the loss results from someone else’s negligence or wrongful actions, the emotional and financial toll can feel overwhelming. In Pasadena, CA, family members who qualify under California law may file a wrongful death lawsuit to seek compensation for their loss.
This compensation typically covers a range of damages, including economic and noneconomic losses. Below, we explore these categories and the factors that influence recoverable damages. Contact The Law Offices of Mark Murad at (626) 388-1521 to request a free legal consultation with a personal injury attorney.
Who Can File a Wrongful Death Lawsuit in Pasadena?
In California, only specific family members can bring a wrongful death lawsuit. These include:
- The deceased’s spouse or domestic partner
- The deceased’s children
- If none of the above exist, the deceased’s parents, siblings, or other dependents may qualify
If you believe you may have the legal standing to file a claim, it’s essential to consult with a qualified wrongful death attorney to understand your rights and options.
Economic Damages: Quantifiable Losses
Economic damages compensate for the measurable financial contributions the deceased would have provided had they lived. These damages include:
1. Financial Support
This encompasses the income the deceased would have earned and provided to their family. For example, if a parent was the primary earner, the family may recover the wages the parent would have contributed over their expected working life.
2. Funeral and Burial Expenses
The costs of laying a loved one to rest can be significant. These expenses are typically recoverable in a wrongful death lawsuit.
3. Loss of Gifts or Benefits
If the deceased regularly provided financial gifts or benefits, such as paying for college tuition or contributing to a retirement fund, the value of these lost contributions may be included.
4. Loss of Household Services
When a loved one contributed to household tasks, such as childcare, cleaning, or cooking, their loss may require the family to hire help. Compensation can be sought for the cost of these services.
Noneconomic Damages: Intangible Losses
Noneconomic damages address the emotional and psychological impact of losing a loved one. While these damages are more subjective, they are no less significant.
1. Loss of Companionship and Affection
The absence of a spouse’s companionship, love, and emotional support is a profound loss that cannot be quantified in dollars but is compensable in wrongful death cases.
2. Loss of Parental Guidance
For children who lose a parent, the absence of guidance, training, and moral support is immeasurable. These losses are factored into noneconomic damages.
3. Loss of Intimacy
In cases where a spouse loses their partner, damages can include the loss of sexual relations and intimacy, which are fundamental to a marital relationship.
It’s important to note that noneconomic damages do not cover pain and suffering or punitive damages in California wrongful death cases.
Determining the Duration of Damages
In wrongful death cases, the period for which damages are recoverable depends on:
- The deceased’s life expectancy at the time of death
- The plaintiff’s life expectancy at the time of the wrongful act
Factors such as health, age, and lifestyle are considered when determining these periods. For example, if a young child loses a parent, the damages might cover the years of parental support they would have reasonably received.
Pursuing a Pasadena Wrongful Death Claim
Filing a wrongful death lawsuit requires navigating complex legal processes while dealing with the emotional burden of loss. Consulting a knowledgeable attorney in Pasadena can ensure your case is handled professionally and compassionately. A wrongful death lawyer will help you:
- Determine your eligibility to file a claim
- Gather evidence to support your case
- Calculate fair compensation for economic and noneconomic damages
- Represent your interests in negotiations or court proceedings
Seek Legal Guidance Today
If you have lost a loved one due to someone else’s negligence or wrongdoing, you may be entitled to compensation. At The Law Offices of Mark Murad, we are dedicated to helping Pasadena families secure justice and financial relief in wrongful death cases. Contact us at (626) 388-1521 for a free consultation to discuss your case and learn about your legal options. Let us provide the support and advocacy you need during this difficult time.