WRONGFUL DEATH DAMAGES: Why is the relationship between survivor(s) and the decedent important in a California wrongful death lawsuit?

A:

It is important for several reasons.  It is considered one other consideration affecting the recovery of legal damages in a wrongful death claim under California law.  The claim for this involves introducing evidence of the nature of the relationship between the survivor and the decedent.

For example, the closer the relationship, the more the legal damages are presumed to be under California law. This can be shown by:

1.  the frequency of interaction between the claimant and the decedent;

2.  and the quality of their interaction:  here are some examples to consider:   were there joint vacations, holidays, birthdays, etc.   Photographs showing holidays, birthdays; were there home movies evidencing the quality of the their interaction, letters, birthday cards or the like? Mother's day and Father's day cards are also important in assessing the closeness of the lost relationship.  

All of this can be introduced as evidence under California law.
 

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