Losing a loved one unexpectedly can be the cause of grief, stress, anger, sadness, and depression. At the San Jose law office of Henshaw & Henry, PC, our wrongful death lawyers guide families and individuals just like yours to obtain justice for such a loss.
For more information about how we can help you, call us today at (408) 533-1075. Your initial consultation is free of charge. Also, we only get paid when we obtain a recovery or settlement in your favor.
What is Wrongful Death?
A wrongful death action is appropriate when a person dies due to the wrongful act or negligence of another. The survivors of the person, or the representative of the estate, who has died may bring such a lawsuit against the parties causing the death. A wrongful death claim is differentiated from a criminal case in that the wrongful death is a civil matter that seeks monetary damages (money) rather than jail time.
Damages Available in Wrongful Death Cases
It is impossible to quantify the value of someone’s life. However, courts and juries are tasked with this endeavor when wrongful death actions come before them. The value of a case depends on a number of factors.
Some of the factors that are weighed include:
• Actual medical costs spent on the deceased individual’s injuries
• Lost income (during any injured period and anticipated income after death)
• Loss of companionship, love, affection
• Funeral and burial costs
Specifically, “California has recognized that damages for wrongful death are not limited to compensation for losses with ascertainable economic value, but include the value of the benefits the heirs could reasonably expect to receive from the deceased if he had lived. These benefits include the personal services, advice, and training the heirs would have received from the deceased, and the value of his society and companionship.” (Allen v. Toledo (1980) 109 Cal.App.3d 415, 423.)
If you need help after a loved one has passed, call Henshaw & Henry, PC today at (408) 533-1075 to discuss your matter.