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Filing a Wrongful Death Case after a Fatal Accident

By Edited Jun 13, 2015 0 0

A wrongful death case is filed when an individual dies because of another's negligent actions. The law requires people to be careful in order to avoid inflicting harm to others. If they failed to do so, they will be required to provide just compensation to the victim's family and dependents.

You should take immediate legal action if your loved one was killed after he was involved in an accident. Filing a wrongful death case against the negligent individual will enable you to give justice to your loved one's death as well as recover monetary damages. Although having a successful case will not be able to resurrect your deceased family member, the court will try to compensate you for the losses you incurred as a result of his death.

Here are the different types of damages that you may be able to recover after winning the case:

• Punitive damages- These are given to the plaintiff in the aim of punishing the defendant for his bad conduct. Requiring the defendant to compensate the victim may also prevent him from repeating the same negligent action in the future.

• Economic damages- They cover all the financial help the victim would have provided his family if he was not in involved in the accident. Here are some examples of economic damages:

o Loss of inheritance due to the victim's unexpected death
o The value of services and goods the plaintiffs should have received from the victim
o Loss of the victim's benefits like medical coverage, retirement benefits, and pension plans
o Funeral and medical expenses that are related to the victim's death

• Non-economic damages- They may be more valuable compared with economic damages though they are less tangible. Examples of non-economic damages include:

o Mental anguish- It covers any types of emotional distress like apprehension, worry, and anxiety.

o Loss of companionship- It is given in order to compensate the love, companionship, and comfort the plaintiff would have felt and enjoyed if the victim was not killed in the incident. When determining the amount of money the plaintiff will be entitled to receive, the jury will look at different factors like the relationship that existed between the victim and plaintiff and their common activities and interests.

o Loss of consortium- It covers different benefits or perks that are enjoyed in a married life like solace, companionship, and comfort.

If you want to recover monetary damages from the person at fault, you should seek legal aid from a Los Angeles personal injury lawyer. He will help you win the case by proving that the defendant's actions caused the fatal accident and your suffering.



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