Damages Recoverable in a Wrongful Death Case

San Jose Wrongful Death Attorneys

After the loss of a loved to another person's negligence, it is important to seek compensation to assist with the financial damages suffered. As a close loved one of the decedent, you may be entitled to seek damages for your loss. We realize that no amount of money will do justice to what you are suffering, but it can help ease the financial lossess your family is experiencing.

Generally, parties eligible to seek damages include the following:

  • Spouses
  • Partners
  • Children
  • Stepchildren
  • Other minor dependents
  • Dependent parents

Call Caputo & Van Der Walde LLP today at (800) 900-0863.

What is covered under a claim?

Wrongful death cases are somewhat unique in that parties can seek only a few types of damages. Here are the five types of damages that may be awarded in lawsuits:

  • Loss of love, society, companionship, comfort, protection, care, and consortium – Human beings need relationships with others to live full and happy lives. Benefits of these interactions include love, companionship, and the others listed above. In a wrongful death case, a San Jose wrongful death lawyer will attempt to convince the court to compensate the surviving family member or other dependent for the loss of these benefits.
  • Loss of services – This is a very specific situation in which the victim performed domestic services for the person bringing the claim prior to death. San Jose wrongful death attorneys can try to convince the court to determine the value of these services and compensate the survivor accordingly.
  • Loss of financial contributions – If the deceased individual contributed financially to a household prior to death, a court might compensate the surviving spouse or children for this financial loss. Job earnings, benefits, or support payments can all be part of this when determining the amount of the award.
  • Loss of training and advice – Children who have lost a parent most often seek this. The court may decide to compensate the child financially for the advice, instruction, and moral support the child has lost as a result of a parent's death.
  • Funeral and burial expenses – A court will award reasonable expenses to cover the deceased individual's final costs.

Determining appropriate damages in a wrongful death damages lawsuit is not a straightforward process. For instance, it is almost impossible to put a price tag on losing a spouse's love or missing years of moral support from a parent. Courts can consider a variety of factors from the closeness of the relationship between the deceased individual and the survivor to the age of the deceased individual at the time of death.

Schedule Your Free Case Evaluation

For survivors seeking compensation, enlisting the help of a lawyer should be the top priority. Our San Jose wrongful death attorneys at Caputo & Van Der Walde LLP have experience handling wrongful death claims. With the help of our paralegals and other legal professionals, we can assist you in determining the types of damages for which you are eligible. We will then work diligently to help you receive them. Contact our to get more information or to arrange a free initial consultation.

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