The most you can sue for wrongful death depends on the specific circumstances leading up to your loved one’s passing. This is because the extent of the compensation available in your case depends on your family’s financial losses and personal damages.
Contact a wrongful death lawyer at Sweet James to explain the circumstances of their death and learn how the law applies.
Is There a Maximum Wrongful Death Settlement?
This depends on what state you are in. For example, there is generally no single dollar limit on damages in an ordinary California wrongful death case. California law allows damages that are considered just under the circumstances, but the amount ultimately awarded depends on these two matters:
- The losses involved
- The evidence presented in the case
That means there is no universal answer to the question, “What is the most you can sue for wrongful death?” One family may have a very different claim from another, even if the deaths occurred under similar circumstances. The value of a wrongful death case can depend on factors such as:
- The deceased person’s income
- The financial support they provided
- The relationship between the deceased and surviving family members
- The circumstances surrounding the death
The strength of the evidence matters, too. Importantly, filing a wrongful death lawsuit does not mean a family automatically receives the amount it requests. On behalf of surviving family members, Sweet James must establish liability and prove the damages being claimed.
Who Can File a Wrongful Death Claim?
This is another matter that varies by state. Continuing the example from above, California law specifies who may bring a wrongful death action under Code of Civil Procedure § 377.60.
Depending on the circumstances, eligible parties can include the following:
- The deceased person’s surviving spouse
- Their domestic partner
- Any children
- Certain other heirs
A personal representative may also bring the action on behalf of people entitled to recover. This can become complicated when several family members have potential claims. For example, a wrongful death may leave behind a spouse and multiple children. Each person may have different losses and different relationships with the deceased.
The court can determine the respective rights of people entitled to an award when damages are recovered. Sweet James can help explain who has standing to participate in the case and how the claim should be structured.
That can be particularly important when family members disagree about pursuing a lawsuit or how compensation should be divided.
What Damages Can You Recover in a Wrongful Death Case?
Wrongful death damages are typically intended to address losses suffered by surviving family members because of the death.
At the same time, it keeps wrongful death damages separate from damages belonging to the deceased person’s own claim. Depending on the circumstances, here’s what a wrongful death claim might involve:
- Financial support the deceased would have provided
- Loss of household services
- The value of the relationship between the deceased and eligible survivors
The exact damages available can depend on the facts of the relationship and the circumstances of the death. Sweet James might need financial records, employment information, family records, medical documentation, and other evidence to establish the extent of your losses.
Can You Sue for Punitive Damages After a Wrongful Death?
Punitive damages are different from ordinary compensation. They are intended to punish particularly wrongful conduct and deter similar behavior rather than simply compensate survivors for their losses. If punitive damages are available, it depends on these details:
- The cause of action
- The facts of the case
They are not automatically available simply because someone died. There can also be an important distinction between a wrongful death claim and a survival action. A wrongful death claim belongs to eligible survivors and addresses their losses resulting from the death.
A survival action involves claims the deceased person could have pursued had they survived. These statutes tend to limit certain categories of damages in survival actions, making it important to distinguish a survival claim from a wrongful death claim. An attorney can determine whether both types of claims may apply and how they interact.
How Long Do You Have to File a Wrongful Death Lawsuit?
Deadlines matter, even when your family is not emotionally ready to think about a lawsuit. Each state will have a different filing window. In California, California Code of Civil Procedure Section 335.1 usually offers a two-year statute of limitations for actions involving the death of someone.
However, wrongful death cases can involve exceptions and other deadlines depending on the defendant, the circumstances of the death, and the type of claim involved. Government entities, for example, can be subject to different claim requirements and deadlines.
Because missing a deadline can prevent a family from pursuing compensation, it is better to speak with an attorney as early as reasonably possible. Early legal help from Sweet James can also make it easier to preserve evidence before it disappears.
Call Sweet James to Learn More About the Most You Can Sue for Wrongful Death
Losing someone due to another person’s reckless, negligent, or careless behavior is often a heartbreaking experience. On top of the grief and anger you feel, there’s also a lot of financial uncertainty and legal matters that follow in the aftermath of a deadly accident.
It can be overwhelming to say the least, but at Sweet James, we want to remind you that you’re not alone in this. As attorneys who have experience helping injury victims for over 25 years, we can take on your case and pursue the compensation your family deserves.
We’re an Experienced Trial Team Ready To Fight For You. Plus, as part of The Sweet James Advantage, you’ll also Pay No Fees or Costs Until We Win. Call us today to speak with Real Lawyers. Real Results.
