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Wrongful Death Claims: Recovering from Financial and Emotional Losses

By Edited Jul 6, 2015 0 0

One of the most painful experiences in life is the loss of a loved one. But it gets even more agonizing knowing that your relative or friend died because of someone's fault. If you are in this kind of situation, do not lose hope. You can still make the negligent party pay for their actions and recover your damages.

In cities like Los Angeles where dozens of people die everyday because of car collisions and workplace accidents, there are a number of trusted lawyers whom you can ask for assistance. With the help of a personal injury attorney, you may file a wrongful death claim against the responsible party.

There are two types of damages that a wrongful death claim may award to your family:

Financial Damages

As its name suggests, this type of damages constitutes any monetary loss that the bereaved family incurred because of the wrongful death. The following are some expenses that should be compensated by the liable party:

  • Medical bills – If the deceased was admitted to the hospital prior to his death, all the expenses should be shouldered by the responsible party.
  • Funeral and burial expenses – Funeral and memorial lot payments should also be compensated by the liable individual or group.
  • Loss of financial support from the decedent (deceased) – Loss of income is usually computed by estimating the amount of annual income the decedent makes, and multiplying it with the number of years that he is expected to work.

Emotional Losses

Emotional losses, or pain and suffering, is considered by many people as more devastating than financial damages. Because of this, courts often reward this kind of damages to the complainants especially if the decedent was their provider. Emotional losses are composed of:

  • Loss of companionship – A loss of a mother, father, or child will be compensated by the defendant.
  • Pain and suffering – Pain and suffering may be estimated by taking pictures and gathering documents and files, which proves the decedent's importance to the family.

Many people are mistaken when they refer to wrongful death as murder. In fact, these two are very different legal terms. Murder charges are filed against an individual in behalf of the state, while wrongful death cases are filed by the bereaved families of the defendant's victim. It is important to identify how you will sue the other party for their negligence, recklessness or intentional misconduct. If you can prove these things and establish their connection to your loved one's death, you have high chances of obtaining compensation.

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



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