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Assess the Damages of a Wrongful Death
Article Summary: Isnt it unfair when you lose a loved one due to the negligence, carelessness, inaction, liability, or malpractice of another? This incident is referred to as a wrongful death.
Isnt it unfair when you lose a loved one due to the negligence, carelessness, inaction, liability, or malpractice of another? This incident is referred to as a wrongful death.
Wrongful death law seeks to provide just compensation for the family left behind by a person killed in a wrongful death. The surviving family members, such as the parents, spouse, and children; may be entitled to recover damages.
A wrongful death lawsuit can be brought against a person who can be held liable to a wrongful death.
Filing charges on a wrongful death claim has a time limit like other civil cases. This time limit is called the statute of limitation. If the family members do not file legal action before the statute of limitation expires, their rights to file an action and recover for damages shall be waived.
Wrongful death claims are considered as civil lawsuits, not criminal cases. It only aims to help the family members recover financial payment from all their losses such as loss of financial support, loss of potential income, hospital bills, medical expenses, burial expenses, and compensation for their emotional pain and suffering.
Wrongful death cases can come in various forms like the following:
Vehicular accidents
Medical malpractice
Hazardous or defective products
Dangerous premises
If in these cases a person is proven by the court to be liable for the wrongful death, then he/ she shall have to pay the monetary damages to the decedents surviving loved ones. This monetary value is decided upon by the court. How?
Evaluating the damages in a wrongful death case is a complicated and difficult matter. It also involves appropriate division of the monetary amount among existing family members. The law provides rules for determining these damages.
The general rule is that a person is entitled to economic and non-economic damages which he/she suffered as a result of a lost of a loved one.
Economic Damages
Reward for lost financial contributions which the deceased would have provided
Recovery of funeral services
Burial costs
Financial equivalents of services the deceased would have had rendered to the family
Value of gifts which the decedent would have given to his surviving family members
Non-economic Damages
Loss of love
Loss of companionship
Loss of comfort
Loss of affection
Loss of society
Loss of moral support
Loss of solace
Loss of protection
Loss of guidance
Loss of training
The calculation of the damages a member is entitled to recover requires the attention of an expert wrongful death claim attorney.
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About the Author:
Jinky Belle Abelardo
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