Damages in Bakersfield Wrongful Death Cases

Some people view wrongful death claims with skepticism, believing that no amount of money can truly compensate for the loss of a loved one. While this sentiment is understandable, it overlooks the purpose of these claims: to provide financial security for grieving families during an incredibly difficult time.

Damages in Bakersfield wrongful death cases cover both tangible costs like medical bills, funeral expenses, and lost income, as well as intangible losses such as emotional pain, loss of companionship, and the disruption of family life. These claims help ensure families have the financial support they need to rebuild their lives after a tragedy. Reach out to our compassionate wrongful death attorneys to learn more.

Economic Damages for Wrongful Death

The sudden death of a loved one often brings significant financial hardship. Medical expenses, funeral costs, and the loss of income can leave families vulnerable. Wrongful death claims aim to ease that burden by addressing these tangible financial losses.

Types of Direct Financial Losses

• Economic damages—a type of compensation for direct and indirect financial harm—are the primary type of damages in Bakersfield wrongful death lawsuits.
• Direct financial losses refer to expenses that accompany the injury or death. Medical expenses for the decedent’s treatment prior to death and funeral expenses are the two most prominent types of direct financial losses.
• Another direct loss is the loss of wages and loss of income related to the death of a loved one who was providing an income for their family.
• Medical expenses and funeral bills are easy to calculate.
• Loss of income can be more challenging to calculate because it will depend on the deceased’s age, current earning capacity, and theoretical career trajectory.

Indirect Financial Losses

Indirect financial losses refer to expenses that, while not directly caused by the death, arise as a result of it. For instance, if the deceased was the primary caregiver, surviving family members may face additional costs for childcare, housekeeping, and other services they once provided. An attorney can thoroughly assess a family’s unique situation to ensure both direct and indirect economic damages are accurately accounted for in a wrongful death claim.

Wrongful Death Claims and Non-Economic Damages

Not all losses are financial. The emotional pain of losing a parent, a child, or a spouse is immeasurable. The law recognizes that these intangible losses—such as the loss of companionship, guidance, and stability—are just as real. A fair settlement should account for both the measurable financial impact and the deeply personal, life-altering losses families endure.

In a Bakersfield wrongful death claim, non-economic damages compensate for emotional and personal losses that cannot be measured in dollars. These include loss of companionship, emotional support, love, and guidance, as well as grief and emotional suffering endured by surviving family members. California law recognizes these intangible yet significant impacts.

Punitive Damages

A third type of damages, known as punitive damages, may be available in certain wrongful death cases in Bakersfield. Unlike compensatory damages, which aim to financially support surviving family members, punitive damages are intended to punish the defendant for egregious misconduct. They are awarded only when the defendant’s actions were fraudulent, malicious, or oppressive, and they knowingly engaged in behavior likely to cause harm.

In wrongful death cases, punitive damages are most often awarded when the death resulted from criminal behavior, such as DUI or assault. However, while these damages can provide a sense of justice for grieving families, they can be difficult to collect. Most insurance policies do not cover punitive damages, meaning survivors must seek compensation directly from the defendant’s personal assets.

If the defendant lacks substantial financial resources, recovering these damages may prove challenging.

Learn More About Damages in Bakersfield Wrongful Death Claims

After a wrongful death, insurers may present quick settlement offers, often seeking to resolve the matter before survivors fully understand their rights. These cases typically result in higher trial awards than other personal injury claims, making early offers seem appealing during a time of grief and uncertainty.

However, it is essential for survivors to consult with an experienced attorney before accepting any settlement. A lawyer can help evaluate the true scope of damages in Bakersfield wrongful death cases, ensuring that both economic and non-economic losses are properly considered. Seeking legal guidance can help families secure fair compensation and protect their future.