An unexpected death is always a tragedy. However, when someone dies due to another person’s fault or negligence, the survivors can bring a wrongful death lawsuit with a wrongful death attorney’s help. The purpose of doing so is to compensate the bereaved family members and recover the monetary damages such as lost wages, lost companionship, medical bills, and funeral expenses.
A wrongful death lawsuit is different from criminal charges; hence, the cases are settled in civil courts, and criminal courts handle the homicide charges (if any are ever even brought). The victim’s family members can sue any person with the help of a wrongful death attorney who they deem as responsible for their loved one’s death.
This article will thoroughly walk you through the various types of damages available to the victim’s family members in a wrongful death lawsuit.
Types of Monetary Compensations
There are various types of damages that you can apply after an accident caused by another person’s wrongdoing. Subsequently, you may be entitled to receive compensation from the at-fault party for the damages you experienced. The five most common types of compensation include;
Medical Bills & Burial Expenses
Suppose your loved one loses his life in an accident caused by another person’s negligence or fault. In that case, you may recover the medical expenses along with the funeral cost with the help of a Los Angeles wrongful death attorney. All the medical costs, which were a direct result of the accident, shall be taken care of by the person at fault.
In order to recover the medical expenses, you will have to submit evidence of the cost, including the medical bills, proof of payment, and other related documents to your wrongful death attorney. Not just the medical expenses but the funeral and burial expenditures are also recovered fully.
If you are looking for a qualified and well-versed personal injury attorney, please visit the best Los Angeles Personal Injury Attorneys at Kirakosian Law.
The plaintiff can claim lost wages that their loved one would have received had they not been the victim of the wrongful death accident and be entitled to receive significant compensation with a qualified wrongful death attorney.
At times, the deceased’s whole family members are dependent on the person’s income; hence, it makes the circumstances worse for the bereaved family members. The loss of the victim’s expected earnings makes a bad situation worse for the survivors. Therefore, it is critical to obtain professional personal injury attorney’s services to help the family continue with their lives.
Pain & Suffering Damages
Pain and suffering fall in the domain of non-economic damages and are considered less tangible; however, these non-economic damages, at times, have more value than the economic damages.
Loss of love, care, guidance, protection, advice, training, and companionship counts big time, and a trained wrongful death attorney is able to help you get compensation for these non-economic damages. Spouses and partners, children, and parents are also expected to be compensated for the consortium’s loss.
In wrongful death cases, many jurisdictions in the United States award pain and suffering damages to the victim’s family members. Pain and suffering and several other non-economic damages which are awarded by courts have been pretty much common in the US.
Loss of Inheritance
You may be entitled to a loss of inheritance claim if a loved one has lost his life due to someone’s negligence. The calculation of this type of loss is intricate and hard to crack for a layperson; hence, it becomes crucial for you to avail the services of an adept wrongful death attorney.
The damage for loss of inheritance is typically calculated as the asset’s present value that would reasonably have added to the beneficiaries’ estate. In some states, the plaintiff is required by law to show some evidence from which the estate’s worth could be calculated.
Besides these five potential damages that can lead to monetary compensation, you may also recover the wrongful death attorney’s fee and cost incurred in bringing the lawsuit in some states.
Punitive damages are known as extra funds that the defendant is ordered by the court to pay to the victim’s family. They are made to pay when the actions of person at fault are deemed to be incredibly reckless or if there is evil intent in the wrongdoing.
In wrongful death cases, damages are rewarded to the victim’s family to ensure that they are compensated for the difficulties they face after their loved one’s death.
Some of the cases in which punitive damages are likely to be awarded include;
- If doctors deliberately change medical records to conceal their mistakes
- Ignorance of large corporations regarding potentially defective or harmful products
- An accident caused by a drunk or reckless driver
- Caretakers’ intentional negligence causing the death of a resident
The law pertaining to punitive damages varies from state to state. There are certain parameters to the number of punitive damages that can be distributed to the victim’s family members. Please consult a professional wrongful death attorney to know more about the punitive damages and their certain limits.
Who Can Sue For Wrongful Death?
A representative can file a suit for wrongful death damage on behalf of the survivors prone to suffer, due to their loved one’s untimely death. Some of those people who may file a suit include;
Immediate Family Members
Immediate family members can recover under wrongful death actions via a wrongful death attorney’s assistance in any state of the United States. Immediate family members may include spouse, children, adopted children, and parents.
Life Partners & Financial Dependents
Anyone dependent on the deceased person can sue for wrongful death and claim compensation against the economic and non-economic damages.
Some states also allow people to bring a wrongful death action through a wrongful death attorney who is not in a blood pr marriage relationship with the victim but suffered financial loss due to the victim’s death
Distant Family Members
Not all but some states allow distant family members to file a wrongful death suit. It may include brothers, sisters, and grandparents.
Who May Be Sued for Wrongful Death?
A wrongful death attorney can bring a wide range of people to court in a wrongful death lawsuit, including companies, government agencies, employees. The experienced wrongful death attorneys at Kirakosian Law go the extra mile to get you the compensation against the economic and non-economic damages.
Over to You
If you or anyone you know has tragically lost a loved one due to another party’s fault or negligence, let the most qualified Los Angeles Personal Injury Attorneys know about your situation.
From our extensive experience working with bereaved families, our professional wrongful death attorneys understand that the period ensuing the loss of a loved one is tough, let alone the overwhelming financial challenges.
Our well-versed personal injury attorneys make sure that our client’s legal rights are protected and they are fully compensated for their emotional distress and financial loss.
If you want to learn more about obtaining monetary damages after an accident, please contact us today. We will be more than delighted to assist you by scheduling a free, no-obligation consultation.