Damages in Modesto Wrongful Death Cases

Under state law, surviving family members can pursue compensation for financial and emotional damages in Modesto wrongful death cases, but specific legal rules determine eligibility, damage types, and case value. A skilled wrongful death attorney at Curtis Legal Group could answer any questions you have and review your case for free.

Who Can Recover Damages in a Wrongful Death Lawsuit?

Under state law, only certain people have the legal standing to bring a wrongful death lawsuit. California Code of Civil Procedure § 377.60(a) gives this right to the decedent’s surviving spouse, domestic partner, and children. If none of these exist, people who would be entitled to the decedent’s estate under intestate succession, such as parents or siblings, can typically file.

In more complex family situations, courts examine financial dependency to determine eligibility. For example, stepchildren, fiancés, and even parents-in-law can qualify if they were financially dependent on the deceased. However, state law does not currently allow fiancés to file a wrongful death lawsuit, even if they are emotionally devastated or financially intertwined.

A Modesto attorney from our team could advise who may be a qualified party and who may be able to claim damages in your wrongful death case.

What Damages Are Available to Surviving Family Members?

Wrongful death damages compensate surviving family members for both economic and non-economic losses. Economic damages include tangible financial contributions the deceased would have made, such as income, benefits, or household services. Common examples of recoverable economic losses include:

• Loss of inheritance
• Loss of future earnings
• Loss of household services
• Funeral and burial expenses

Non-economic damages, which are harder to quantify, compensate loved ones for the emotional and relational impact of the death. These damages include:

• Emotional suffering
• Loss of guidance and care
• Loss of enjoyment of life
• Loss of love, companionship, and moral support

A lawyer from our Modesto team could help calculate the compensation you deserve after the wrongful death of a loved one.

Calculating the Value of a Wrongful Death Case

Modesto courts consider multiple factors when determining damages in wrongful death cases, including the deceased’s age, health, earning capacity, and life expectancy. Our attorneys often utilize financial experts to provide present-value calculations of the deceased’s future earnings.

Juries will evaluate the quality of the relationship between the surviving parties and the deceased. For instance, the loss of a primary breadwinner in a household with young children will typically result in a higher damages award than in cases involving adult dependents with minimal economic reliance. In our experience, verdicts and settlements in statewide court filings tend to vary widely, from under $100,000 to multi-million-dollar awards, depending on all of these factors.

Limits on Damages in Wrongful Death Lawsuits

Unlike some other states, California does not impose general caps on damages in most wrongful death lawsuits. However, specific statutory limits on damages may apply in certain types of wrongful death cases, so it is important to consult with an attorney in Modesto.

Additionally, punitive damages are not recoverable in a wrongful death lawsuit under state law unless the defendant is convicted of a felony homicide offense. Instead, punitive damages may be sought through a separate survival action under California Code of Civil Procedure § 377.30, which focuses on the decedent’s personal injuries before death rather than the survivors’ losses.

Call a Modesto Lawyer About Compensation in a Wrongful Death Case

After the tragic loss of a loved one, it can be hard to know what to do next. It is important to understand that you have legal options, and you may be eligible to receive compensation if another person’s negligence resulted in their untimely death.

Curtis Legal Group has helped families across the Central Valley recover meaningful compensation after tragic losses. Our attorneys are members of numerous bar and professional associations, and have secured strong results, including a six-figure wrongful death settlement.

Our team understands how to calculate and pursue damages in Modesto wrongful death cases. Contact us today to schedule a free case review with one of our wrongful death lawyers.