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Allen, Flatt, Ballidis & Leslie, Inc.

How are damages calculated in a California wrongful death case?

If you have sustained financial loss because of a wrongful death, then you are entitled to an award of economic loss associated with that wrongful death.  A typical example is a spouse that was reliant upon her husband for income, as she was a stay at home mom.

In the calculations and claim for wrongful death, the damages will be assessed in accordance with the loss of income and household services that the death meant to the family and to the household.  A good qualified personal injury attorney and wrongful death specialist will hire experts in economics to assess and calculate those damages for the balance of your lifetime.  Such things as health insurance benefits, retirement benefits, life insurance benefits, and economic losses must be included in the calculations so that you receive a fair and complete settlement for your economic loss.

The second elements of damages in a wrongful death case are the loss of care, comfort and society of another.  There is no formula for the loss of life in this instance.  It is solely dependant upon the discretion of the jury.  However, there have been ample cases presented in wrongful death over the years.  An experienced California wrongful death attorney understands the value of wrongful death cases, how those damages have been assessed in the past, and how your case compares to those past cases.

If you have been involved in an incident that caused the untimely death of a loved one, we invite you to contact us to discuss your case.  Call us at 1-866-981-5596.  We can apply our considerable experience to helping you to maximize the recovery on your case.

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