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Recovering Damages after Winning a Wrongful Death Case

By Edited May 24, 2015 0 1

Wrongful death happens when the negligent acts of an individual, company, or other entity cause the death of another. It may result from a slip and fall accident, auto crash, construction site accident, medical malpractice, or a defective product.

Filing a wrongful death claim is necessary, especially if the victim's surviving family members depend on him when it comes to financial matters. Taking the legal action against the party at fault may be their only way to recover monetary damages.

However, they might encounter legal problems because proving that wrongful death occurred will surely involve complex issues and procedures. In order to have a successful case, it is advisable for you to seek legal assistance from skilled Los Angeles Wrongful Death Expert, Personal Injury Lawyer.

Damages

Monetary damages that are awarded in a wrongful death case are intended to cover the financial burden the plaintiffs have suffered due to the victim's death.

Here are the three types of damages that the surviving dependents may receive upon winning the case:

  • Punitive damages- They may be awarded in a wrongful death case to punish the wrongdoer and prevent him from making similar mistakes in the future.
  • Economic damages- They cover the financial support the victim would have given his dependents if he was not killed in the accident. Economic damages may include:
    1. Loss of benefits like the victim's medical coverage or pension plans
    2. Funeral and medical expenses that are related to the victim's death
    3. The total value of services and goods the victim would have given his dependents
    4. Loss of inheritance, which resulted from the victim's unexpected or sudden death
    5. Loss of expected earnings or wages by the victim
      • Non-economic damages- They often have higher value compared to economic damages, though they are less tangible. Examples of non-economic damages include the following:
        1. Loss of companionship, society, and love from the victim
        2. Pain and suffering or mental anguish caused by the victim's death like terror, anxiety, and grief
        3. Loss of consortium
        4. Loss of protection, care, advice, nurturing, and guidance from the victim

          Death of an Elderly

          If an elderly dies due to another's negligence, his surviving family members may not be able to recover a big amount of monetary damages. The wrongful death of aged people might result in smaller economic damages because they are already over their retirement age, meaning they are no longer able to work and earn money.

          This article is not meant to be interpreted as a legal advice. To know the available legal options regarding your case, consult a Wrongful Death Claim Expert, Personal Injury Attorney for more information.

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          Comments

          Sep 28, 2010 10:34am
          mcimicata
          A very informative article that opened my eyes to this! It was well written, and provided great information.
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