Wrongful Death

A wrongful death claim is a claim that arises from the death of a person caused by the negligence or wrongful conduct of another person or company, or the result of a defective product. A wrongful death suit is different from a personal injury suit, because the victim is not bringing the suit. Rather, the suit is brought by a family member of the deceased. A wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered  due to the victim's death.

Damages in a wrongful death claim are intended to compensate for the loss of a family member. Some losses are measurable. For instance, a victim's spouse may be able to recover for the loss of financial support that she or he would have received had the spouse lived. Types of recoverable damages include medical and funeral costs, loss of benefits, loss of earnings, loss of companionship, and punitive damages. Punitive damages are an amount of money paid by the defendant as punishment for his or her willful misconduct or gross negligence that resulted in the victim's death.

There are several factors involved in calculating damages. They include how dependent the plaintiff was on the deceased; what relationship the plaintiff had with the deceased; the anticipated lifespan of the deceased; the anticipated earnings or other benefits of the deceased; and the presence of any comparative fault on the part of the deceased.

In wrongful death suits, more than one family member may be entitled to an award. This will depend on distribution under the wrongful death statute in your state.

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The Law Offices of David P. Kashani, APLC, represents injured clients throughout California. Our attorneys have successfully litigated thousands of cases. We will take the time to understand your individual concerns and work to get you the best outcome possible.