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Wrongful Death Lawsuit for Fatal Injury in LA

By Edited Apr 30, 2016 0 0

The risk of fatal car accident in Los Angeles increases each time you run a red light or exceed the speed limit.

The failure of motorists to obey existing traffic safety laws and road signals contribute to catastrophic injuries that affect families and even the community.

The National Highway Traffic Safety Administration (NHTSA) has implemented stricter policies among motorists to lessen the fatal crashes on freeways. It monitors driving behavior of motorists and coordinates with various government agencies to correct repetitive violations.

In 2009, NHTSA reports a 16,626 number of fatally injured people in traffic accident. Though the NHTSA has made efforts to reduce the fatal cases, more motorists commit violations that continue to heighten catastrophic threats.

If your family member is fatally injured in a vehicular accident, you may file a wrongful death lawsuit. Wrongful death happens when an individual dies as a result of misconduct or negligent act of another person. The immediate family of the deceased person should file the lawsuit. They are often referred to as "distributes".

A wrongful death lawsuit has the following elements:

1. Actual death

2. The death is caused by misconduct or a negligent act

3. The deceased person left a dependent family who are currently suffering from financial loss

4. Appointment of a representative for the deceased's estate

Wrongful death lawsuit may also be filed in cases of:

1. Industrial accident such as exposure to toxic chemicals

2. Criminal act

3. Medical malpractice

If you are able to win your case in behalf of your deceased family member, the court may order the defendant to give pecuniary damages. It will be enough to cover for emotional loss, property and prospective inheritance loss, hospital and funeral expenses.

The court will assess the amount for pecuniary damages depending on the deceased's earning average, age, life expectancy, skills, health, and opportunities for financial well being. The circumstance of the deceased at the time of death is also considered in determining the amount for pecuniary loss.

The court also evaluates the evidence presented by both the plaintiff and the defendant. The amount may be adjusted based on the following reasons:

1. The decedent's behavior and character on handling finances

2. The decedent has limited savings despite young age and profit opportunities

The court may consider awarding pecuniary damages even if the decedent had been unemployed. The family should present evidence of the decedent's average savings.

You may hire an expert witness to help establish financial evidence for your deceased family member.

Consult with a Wrongful Death Expert, Personal Injury Lawyer in Los Angeles to help you file a lawsuit.

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