Damages Included in Wrongful Death Cases
Wrongful death is a condition wherein a loved one is killed due to a negligent act or misconduct committed by another person or group of persons.
Wrongful death claim may arise from a number of circumstances like medical malpractice, vehicle accident, aviation accident, product liability, premise liability, construction liability and many other situations where the factor of negligence is present.
Each circumstance, which causes wrongful death, represents different legal theories, laws and legal strategies for pursuing claims for damages. If a family member of yours died due to a situation that may be qualified as a wrongful death, then you have the right to launch a wrongful death claim and receive damages.
However, the amount and nature of damages that you can claim largely depends on the competence of the lawyer handling your case. You need experienced and skillful lawyers who are well versed in handling wrongful death cases.
Not everybody, however, can file a wrongful death claim in behalf of a loved one. Usually the spouse is the only one qualified to file the claim. In the absence of the victim's spouse then his or her children may file the claim. If however, the victim has no spouse or children, yet, his or her parents or siblings have the right to sue for damages.
The personality of who can claim for damages in wrongful death cases depends on specific state laws. An experienced wrongful death lawyer can help you largely in understanding this aspect of the legal process as well as discuss all the implications of your case and the claims you are entitled to gain under particular state laws.
Among the damages that can be claimed are monetary damages and punitive damages.
Pecuniary or monetary damages or economic damages usually include the burial expenses and all the antecedent costs pertaining to the burial of your loved one, the deceased’s loss of future earnings, support, inheritance and pain and suffering.
Punitive damage is awarded when it has been proven and declared by the courts that your loved one died due to serious wrongdoing or negligence of another person or group of persons. Damages for wrongful death are awarded to punish the wrongdoer and deter others from following the wrongdoer’s actions.
Nothing can be done to bring back the life of a loved one who died due to someone else's negligent act. However, you can do something to recompense the loss of life and its consequences on your family, at the very least.
Pursuing your wrongful death claims is a big factor in compensating your family's loss and securing your future, especially if the victim was the breadwinner of the family.
Seek the help of an expert wrongful death lawyer to light a beacon during your time of grief.
Our Los Angeles Personal Injury Lawyers are competent and trustworthy when it comes to handling wrongful death claims
About the Author
Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.
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