Losing a loved one due to someone else’s actions can cause both emotional and financial pain. Filing a wrongful death claim may help families find some form of justice.
When the person who passed away was a senior, there are some important differences to understand. Here are three things to know when filing a wrongful death claim for an elderly person in California.
1. Future earnings may not play a major role in damages
In most wrongful death claims, the value of future lost income helps determine the amount of compensation. However, elderly individuals are often retired and may not have active income. California courts consider this when calculating wrongful death damages. This does not mean that the claim has little value. Courts may still award damages for medical expenses, funeral costs and the loss of support or companionship. These non-economic damages can still be significant.
2. Survival actions may help recover more compensation
If the elderly person did not die right away after the incident, a survival action may be possible. This type of claim is separate from a wrongful death claim. It focuses on the harm the person suffered before passing away. This may include pain and suffering, lost wages or medical bills paid before death. California law allows both claims to move forward at the same time, giving families a chance to recover more.
3. The value of companionship still matters
Even if the person was elderly, California law does not ignore the emotional impact of the loss. A spouse, child or other close family member may still receive compensation for losing the person’s companionship and guidance. Courts understand that family ties remain strong, no matter the person’s age. This makes the emotional loss just as real as in any other wrongful death case.
Filing a wrongful death claim for an elderly person involves different factors, but families still have legal options. The right steps can help honor the memory of a loved one and hold the responsible party accountable.