Under California law truckers and trucking companies owe financial compensation to the legal heirs of relatives killed because of truck driver or trucking company negligence or carelessness. California law specifies who may bring a claim for monetary recovery when a parent, spouse, child or sibling is killed.
Wrongful death lawsuits are hard-fought, complex, vigorously defended, and not the kind of case inexperienced lawyers should be handling. You need to work with an experienced, well-financed, skilled lawyer who can walk you through this process. The Walkup Melodia Truck Injury and Wrongful Death team knows how to get results.
Wrongful Death Compensation in California
Family members of the deceased may be eligible to recover a wide range of compensation through either a settlement or as a result of a wrongful death lawsuit verdict. Recoverable monetary awards include:
- The financial support the deceased would have provided to the survivors had she or he lived;
- The loss of benefits or gifts heirs expected to receive from the deceased ;
- Funeral and burial expenses;
- Pre-death medical expenses;
- The value of household services the deceased would have provided throughout their lifetime;
- The surviving family members spouse and family’s loss of love, mentoring, emotional support, society, companionship, affection, protection, moral guidance, and training
- Loss of consortium
As of 2022, additional damages in wrongful death cases are now available. Under Senate Bill 447 changed California has been changed to now allow the recovery of money for the deceased person’s pre-death pain, suffering, fear, anxiety, and mental suffering as a result of the wrongful actions that led to their death. These damages are recovered through the wrongful death lawsuit process.
Are Punitive Damages Recoverable?
Under California law, punitive damages are not routinely allowed in death cases. Punitive damages, also referred to as exemplary damages, are reserved for situations where the conduct of the defendant is found to be grossly negligent or even intentional. Punitive damages are meant not only to punish the defendant but also show that the types of behavior displayed by the defendant are unacceptable.
Begin Working With A Wrongful Death Attorney As Soon As Possible
If you have lost your spouse or a loved one as a result of the careless or negligent actions of a trucking company or truck driver in California, reach out to a delivery truck accident attorney at The Walkup Law firm immediately. A skilled lawyer can fully investigate every aspect of the claim, work to adequately calculate your total expected losses, and help you recover the closure and compensation you are entitled to.
