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What are the Damages for Wrongful Death Claims?

wrongful death claim

The concept of wrongful death is simply straightforward; it happens when an individual dies because of complications of his or her injuries following an accident, or dies at the scene of the accident itself and it is due to the negligence of another person or entity. The death may not have happened had that person or entity exercised due care under the circumstances as any reasonable person should. With the duty of care breached or violated, he or she is entitled to damages, but since he or she is already deceased, the damages go to the surviving members of the family, who must first file a wrongful death charges against the negligent party or parties.

Most wrongful death claims that are being filed stem from various accidents in which negligence is involved. There are those that stem from accidents involving motor vehicles and other road users, such as bicyclists and pedestrians. There are those that stem from accidents that happen inside someone else’s premises, like residential areas or business establishments. Even animal attacks which resulted in death may result in the family members or any eligible individuals related to the deceased to file such a lawsuit. Other wrongful death claims stem from rather complicated accidents like boating and aviation accidents, birth accidents and other medical malpractice incidents.

Taking up legal action is important for the survivors of the deceased person in order to not miss out on the damages they may potential receive from the liable parties. Not only that, but bringing up a claim for damages gives them the chance to obtain the justice they deserve from the liable parties who/that carelessly caused the person’s death, regardless if there was intent or otherwise. This is why it is imperative for the surviving members of the deceased to seek an attorney for wrongful death in Los Angeles who can help them navigate the intricate and tedious legal process and can likewise help determine the type of damages they may recover from the liable parties.

Speaking of damages, wrongful death cases generally involve plaintiffs having the chance to recover economic and non-economic damages. Economic damages include medical and funeral expenses, lost wages and earnings, and lost prospect of inheritance. Non-economic damages, meanwhile, include non-tangible ones like pain and suffering, loss of care, love, and affection, and loss of consortium. To some extent, they may also be entitled to punitive damages, especially if the negligence of the liable party was found with such intent. These are designed to punish the person or entity responsible for the person’s death for bad conduct.

Since most wrongful death cases usually go through a legal process that requires going through a court trial, the determination of these damages fall on the members of the jury. They are basically the ones who will determine how much the plaintiffs may recover from the liable parties, assuming the case goes in favor of the surviving family members. There are a lot of things to consider in determining these losses, from the age, condition, earning capacity, life expectancy, and health of the decedent, to name a few. Also taken into account are the circumstances in which the surviving family members are in in relation with the decedent.

A wrongful death case is surely a complicated one, but it would greatly help if the individuals who lost their loved one because of another person or entity’s negligence could take advantage of the legal assistance of a California wrongful death lawyer. With the legal expertise of the attorney, family members of the decedent may have the opportunity to know the estimated amount of compensation they may recover from the liable party.

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