Carmichael Wrongful Death Lawyer

Seeking Justice for Wrongful Death in Carmichael

When a tragic death occurs due to negligence or intentional actions, it’s termed as “wrongful death.” Unfortunately, various circumstances contribute to these incidents. Car accidents alone claim nearly 40,000 lives annually, many of which result from negligent driving. Shockingly, medical errors rank as the third-leading cause of death in the U.S., responsible for over 250,000 fatalities each year. Additionally, workplace injuries and elder abuse in nursing homes also lead to numerous fatal incidents.

Types of Damages in a Wrongful Death Lawsuit in Carmichael

In a Carmichael, wrongful death case, damages encompass the losses or hardships endured by the plaintiff due to the wrongful death. By asserting specific damages, plaintiffs aim to secure equitable compensation in their claim. Compensatory damages, designed to cover economic and non-economic losses, are typically sought.

Economic damages, which are quantifiable using verifiable figures, have no set limits and may include:

• Lost financial support the deceased would have provided to the family over their lifetime
• Forgone benefits or gifts heirs could have expected from the deceased
• Funeral and burial expenses
• The reasonable value of household services the deceased would have rendered, such as childcare, housekeeping, or cooking

Non-economic damages, while limitless, are more complex to assess. They lack a predetermined value and are awarded based on the evidence and jurors’ discretion. These damages may encompass:

• Loss of society and companionship
• Deprivation of training and guidance
• Absence of protection and moral support
• Reduction in affection and intimacy

In a wrongful death lawsuit, plaintiffs cannot claim pain and suffering or punitive damages, except in cases where a survival action is filed. However, punitive damages may be pursued if the decedent is a homicide victim. Unlike compensatory damages, punitive damages aim to penalize the defendant for intentional or reckless behavior, rather than compensating the plaintiff.

Understanding Survival Actions in Carmichael

In Carmichael, survival actions are often intertwined with wrongful death lawsuits as per California Code of Civil Procedure 377.30. This legal provision enables plaintiffs to pursue two distinct lawsuits: one for the loss of the deceased’s income and companionship and another for the underlying incident that led to the death, encompassing damages like pain and suffering and medical expenses.

A survival action empowers the heirs of the deceased to initiate a lawsuit on behalf of the estate. A Carmichael wrongful death attorney can provide guidance on initiating both a survival action and a wrongful death claim.

The estate of the deceased may seek compensation for either or both categories of losses in a survival action:

1. Damages unrelated to the death, which the deceased could have pursued legal action for at the time of death.
2. Damages arising from the injuries that caused the death, provided the deceased survived these injuries for a brief period.