Damages for Wrongful Death Claims

Losing someone you love due to the negligent, reckless, or careless acts of another person is devastating. Certainly, no amount of money can take away the pain you and your family feel due to the sudden loss. The purpose of a wrongful death claim is to help ease you and your family’s financial suffering and help you recover for any unexpected costs associated with the loss of your loved one.

Available Damages

If you have lost a loved one in an accident, our talented team of Los Angeles wrongful death lawyer will fight to obtain the compensation that you deserve.

In California, generally each wrongful death claimant is entitled to money damages for all harm suffered and all harm they are likely to suffer in the future due to the victim's death. The amount of money each claimant can receive depends on what they expected to receive had their loved one not died.

Under California law damages available for a Wrongful Death claim or Wrongful Death case may include the following:

1. Medical Charges: You may receive compensation or reimbursement for any past paramedic, ambulance, emergency hospital and hospital, surgery, doctors and other health care providers’ services associated with your loved ones care;
2. Pain, Suffering or Disfigurement: You may recover money damages for your loved ones pain, suffering or disfigurement suffered prior to their passing. While the terms “pain and suffering” are understood by most, some may not understand the term “Disfigurement”. Disfigurement refers to scars or anything that spoiled the appearance of the decedent that occurred as a result of the incident that caused your family member’s death. Decedent refers to the family member who was killed in the incident. Allowance for pain, suffering or disfigurement damages in wrongful death cases was first allowed in California effective January 1, 2022 (before then claims for wrongful death could NOT include compensation for pain, suffering or disfigurement), and essentially applies to cases filed in court on or after January 1, 2022, subject to an exception explained in the link below. Cases filed in court before January 1, 2022, may be barred from including damages for pain, suffering or disfigurement. For more information of pain, suffering and disfigurement damages first permitted pursuant to California Code of Civil Procedure Section 377.34, and the exception, please click here.
3. Burial and Funeral Expenses: Burial and funeral costs can add up quickly and be very expensive. You may be compensated or reimbursed for these unexpected and substantial expenses;
4. Loss of Earnings: When you suddenly lose a loved one, their wages and income stop. You may face financial difficulties because you no longer receive financial help from them, including to pay the mortgage, rent, car payments, insurance, etc. This loss obviously can be very significant. As a result, you may receive past and projected loss of earnings and support (support can include things like food, clothing, shelter and other financial contributions);
5. Loss of services: Loss of services includes things like household services or parental advice following the death of a parent;
6. Other Losses and Loss of Consortium: You may also receive compensation for the other difficult losses you experience in your life. This includes loss of love, comfort, society, companionship, affection and moral support.

With the help of a skilled attorney you may be entitled to these damages and all other damages permitted under California law. We invite you to contact us now for an absolutely FREE consultation to review your wrongful death case or other serious personal injury case and receive a FREE case evaluation. Because there are many time deadlines and procedure rules, the sooner you contact us the better for you. Note: the above and all web pages herein are a general outline of basic legal principles at the time of preparation and in law there may be exceptions and changes, so do not act or rely upon any web pages but instead always request further information about your own particular case from one of our experienced wrongful death lawyers.

Tax Consequences

In general, wrongful death damages are not taxable - See IRS Sect. 104. You should be able to keep the financial recovery you received. However, tax implications can be quite complicated. Therefore, we advise you to consult your CPA or other tax adviser for specific advice on your case. We can refer you to such specialists, should you request it.

Get Help with Your Los Angeles Wrongful Death Claim Today

If a you have a loved one that was killed in any type of accident, you and your family may be entitled to receive compensation for your loss. Anytime death occurs it takes a toll on the family not only emotionally, but financially as well. Please contact a Los Angeles Wrongful Death Lawyer at Walch Law now for a free case consultation—We have over 45 years of experience handling wrongful death claims and assisting families through this difficult process. We can look at the details of your case and figure out how we can help you obtain the damages you deserve.

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