In wrongful death cases, what is being dealt with is the lost of a loved one through sudden and unnecessary means. Negligence is the foremost factor in wrongful death cases.
Wrongful death can be the result of any negligent circumstances arising from incidents like motor vehicle accidents, slip and fall accidents, construction accidents and even professional negligence like medical malpractice and nursing home abuse.
If you have a loved one who died a wrongful death, you can pursue wrongful death claims or file a lawsuit to bring justice for your deceased loved one and receive damages.
In order to sue for wrongful death claims, you must first prove that the acts or omissions of the defendant were the proximate cause of your loved ones death. If your loved one died while in the performance of his job, you may even claim against the employer for wrongful death claims.
The law governing the nature and amount of damages to be awarded in wrongful death cases is different for each state. However, all states award compensatory and punitive damages.
In compensatory damages, you may be awarded with medical and funeral expenses. These are augmented by the payments for support or loss of inheritance and even for pain and suffering, emotional grief or loss of services and companionship.
Computation for damages is mostly calculated on the amount of salary multiplied by the number of years the decedent could have lived. However, one cannot always calculate damage based on potential earnings because not everybody is employed. In these cases, courts have set minimum dollar amounts to give value to different kinds of services like home and childcare.
Punitive damages may also be awarded if the defendant’s actions are so reckless or heinous. This is awarded to punish the defendant for the serious wrong committed. It also acts as a deterrent for people to be more careful. Amount to be awarded as punitive damages rest in the sound discretion of the jury.
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Our Los Angeles Lawyers are experts in handling wrongful death claims, please visit http://www.mesrianilaw.com/Wrongful-Death-Claim.html .
