Damages Recoverable in a Wrongful Death Claimgreylawpi2021-07-29T11:50:28+00:00
Damages Recoverable in a Wrongful Death Claim
Our Wrongful Death Lawyer in Los Angeles Will Recover Compensation For Your Loss
There are accident-related deaths that could not have been prevented no matter the actions of the parties involved in them. And then there are deaths caused by the recklessness, negligence, or malice of another person. If your loved one whose death was preventable, died in an accident, then you may have a cause of action against the person responsible.
Types of Wrongful Death Suits
If the person you loved has been suddenly and unexpectedly taken from you, it is a painful experience. You will need time to grieve and recover emotionally. However, you should not allow your personal feelings to stop you from holding the person responsible for their death accountable.
You can file a wrongful death suit for various reasons. Here are some of the most common:
1. Medical malpractice
It is right for you to put your trust and confidence in medical professionals. They go through years of formal education and training before they are allowed to practice on their own. If your loved one went in for a routine surgery and died as a result, you should have the matter investigated. And if it turns out that the surgeon’s incompetence led to the death, then you have a case against them.
You can also file a wrongful death suit against a doctor who misdiagnosed your loved one or wrote them a prescription that led to a fatal allergic reaction.
2. Product defect
Consumer products manufacturers must properly test the goods they send out for sale. If a loved one died as a result of using a consumer product, then you can hold the company that manufactured it and other companies down the distribution line accountable.
3. Car accident
You knew your loved one to be a safe driver. Unfortunately, that was not enough to protect them. If they have died as a result of injuries sustained in a car accident, then you can sue the other driver for wrongful death. Such a case will eventually pit you against their insurance company. It can nevertheless be pursued, and you can be compensated for your loss.
If your loved one was murdered, the assailant will be charged by a public prosecutor and tried in a criminal court. However, it is also possible to launch a civil suit against them. Even if the person who murdered your loved one is acquitted in a criminal court, you can still sue them for wrongful death. In fact, the evidence used in the criminal court can be brought into the civil proceeding. The burden of proof for the latter is lower, which gives you a better chance of winning and being awarded a high settlement.
What You Can Claim in a Wrongful Death Suit
You must hire a wrongful death attorney Los Angeles if you want to pursue this legal path. A wrongful death attorney Los Angeles can guide you through the process, and they will advise you on the types of damages you can claim.
In a wrongful death suit, you can claim economic, non-economic, and punitive damages. In the economic category, you can claim:
Medical and funeral expenses
Loss of future earnings
Loss of benefits
Loss of inheritance
Loss of goods and services the departed would have provided
In the non-economic category, you can claim:
Damages for mental distress, emotional turmoil, and pain and suffering
Loss of love and companionship
Loss of consortium
You can make punitive damages part of your claim. For such claims to be valid, you must prove that the person responsible for death of your loved one acted with malice or in an especially bad way. If, for example, your parents or grandparents died as a result of abuse in a nursing home you can recover punitive damages from them. Such damages can in some cases treble the compensation you are given.
You can also add attorneys’ fees to your claim. The services of a wrongful death lawyer Los Angeles are not cheap. However, you need not be saddled with this financial burden. The person responsible for putting you in this situation should be made to pay them.
How a Wrongful Death Case Unfolds
The first thing your wrongful death lawyer Los Angeles will determine is whether you have standing to sue. In most states, you need to be a close relative, spouse, or long-term partner of the deceased in order to file a wrongful death claim Los Angeles
A personal injury lawyer Los Angeleswill also calculate the damages you want to claim. This must be done using experts of various kinds, including actuaries, financial analysts, and other professionals. The loss of income from a sole breadwinner is not the only thing that can be calculated. You can also assess the value of a homemaker who has passed. Your personal injury lawyer Los Angeles will consider the total cost of the services that will no longer be provided. Childcare, cooking, laundry, house cleaning, and transportation are among the many things that can be added to the wrongful death claim Los Angeles.
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