Dictionaries define losses as “unrecoverable and usually unanticipated and non-recurring removal of, or decrease in, an asset or resource”.
In everyday life due to negligent acts of third persons everyone can suffer different losses. Fortunately, under California law a variety of losses might be compensated. Generally, there are three types of losses that can be covered by compensation:
– Pecuniary losses,
– Emotional distress, suffering and pain,
– Punitive damages.
I. Pecuniary losses
In a case of wrongful death, a defendant may be liable for pecuniary losses suffered by the decedent’s family members as a result of the death such as incurred funeral expenses, lost earnings and other financial support that the decedent would have provided in the future. Such damages are usually limited to the family members (parents, spouses, children).
Wrongful death claims result in minimal recoveries in certain situations. Calculating damages for deceased children is especially difficult because their future earnings are highly speculative and children with financially unsupportive parents also face a hurdle in recovering meaningful damages.
II. Emotional distress, suffering and pain
Generally, a court does not award plaintiffs of wrongful death cases any damages for emotional distress caused by the death. However, in some narrow circumstances, the witnesses’ emotional distress may be recoverable in an emotional distress claim.
It should be noted that the decedent’s pain and suffering is not recoverable by a wrongful death claim, but may be recovered through a personal injury claim brought by the decedent’s estate.
III. Punitive damages
Punitive damages (also known as exemplary damages) are a way of punishing the defendant in a civil lawsuit. Such damages occur from the theory that the interests of society and the individual who suffered damages may be met by imposing additional damages on the defendant. They may be awarded by the trier of fact (a jury or a judge) in addition to actual damages in order to compensate a plaintiff for the losses suffered due to the harm caused by the defendant. There is no maximum amount of punitive damages that a defendant can be ordered to pay.
Have you or a loved one been involved in a California accident which resulted in personal injury? The best solution for you is to hire an experienced and aggressive lawyer who will handle your case. If you have been involved in a California accident, avoid signing any document before hiring your attorney. All documents can trick you into lowered compensation settlement. Let professionals have all your negotiations.
The Margarian Law Firm will understand all details of your particular case of personal injury. Firstly, we will have an initial consultation for you. Our lawyers will explain you how to take care of you and you may be entitled to compensation and reimbursement for suffered damages. When you hire us, you can leave the entire legal headache and concentrate on your recovering. We will protect your interests.
You may file your request online, by telephone or by mail. 818-553-1000