If you're wrongful death case involves the wrongful death of a loved one, the persons entitled to recover monetary damages for the death is governed by California statute. Your Southern / Northern California wrongful death attorney will advise you as to who can recover when an individual dies in an accident. This is a complex issue. And depends upon the deceased person's family structure; did they leave a widow, children, parents, grandparents, brothers, sisters, nieces, nephews, etc? As experienced Sacramento wrongful death lawyers and Ventura County accident attorneys we will be able to analyze the rights of survivors. Most California wrongful death personal injury accident cases are settled before trial. If the wrongful death case settles, a single lump sum is agreed upon along with how it is distributed to the plaintiffs. If the wrongful death case goes to trial and there are multiple survivors as plaintiffs, the jury makes a single award and the judge determines what portion of the judgment is payable to whom.
While damages in a wrongful death case must be reasonable, they are not limited in amount by California statutes, except they must be "just". California case law has defined wrongful death damages to include future contributions the heirs would have received from the deceased family member, including the value of any personal service, advice or training, and the loss of love, companionship, comfort, affection, society, solace, moral support, monetary support, enjoyment of sexual relations and the loss of physical assistance in the home. Heirs in wrongful death cases may also be awarded interest on amounts they expend in funeral or related expenses and certain other recoverable damages.
In some wrongful death cases, damages (punitive damages) are awarded to punish the wrongdoer. While heirs may not usually recover wrongful death damages for their own sorrow, grief, anguish or mental suffering over the deceased's death, if they witnessed the accident they may have additional rights to recover for emotional distress in their own personal injury claim.
We recognize, as do the judges, juries and insurance companies, money cannot replace or truly compensate for the wrongful death of a loved one. The heirs, however, are not in a position to recover their loss in any other way.
If you have lost a loved one due to a wrongful death accident and seek a Northern / Southern wrongful death attorney consider the Law Firm of Cunningham & Lansden. We have offices in Camarillo, Sacramento and Placerville. A Camarillo, Sacramento or Placerville wrongful death lawyer will come to you, if you cannot come to us.
James Cunningham will personally handle your wrongful death personal injury case. Your case will not be delegated to an in-house rookie attorney. You will be obtaining an experienced Northern and Southern California wrongful death attorney thoroughly familiar with the dynamics of wrongful death cases.
We handle accidents throughout Northern and Southern California through our California state-wide offices. If you cannot come to us, we will come to you.
Certain time restrictions, called "statutes of limitations" apply to your wrongful death case. A Southern / Northern California wrongful death attorney will advise you that you are required to settle your wrongful death case within a certain period of time or file a written complaint on your wrongful death case or you will lose your rights. As Sacramento wrongful death lawyers and Ventura County accident attorneys, we travel throughout California in our private aircraft and will be happy to meet with you at a place convenient to you if you do not reside near one of our Northern California or Southern California offices.