In a wrongful death case, California courts are charged with a serious duty. The value of the loss needs to be calculated to compensate a grieving family adequately. While the loss of a loved one in a tragic accident cannot be calculated with any formula, there are several things that go into determining the amount of compensation a family will receive. We’re going to look at the four primary losses that make up wrongful death compensation.
What Financial Elements Comprise a Wrongful Death Case?
When compensation is determined, all amounts are calculated at present values and not estimations of future market values. Here are four losses that are calculated:
- Expenses connected with the funeral and burial.
- The individual’s contribution to household income. This includes all the money the individual would have made during the rest of his or her life in support of the family. It also includes retirement plans, investments, and any other form of income.
- If the individual would have made monetary gifts to certain family members, this is also calculated. For example, if a parent had been setting aside savings for a child’s college tuition, this amount is included.
- The services the family member provided to the household at no charge must also be calculated. For example, if a grown son took care of his mother’s yard every weekend, the cost of ongoing lawn service would have to be compensated for.
Additional Elements in Compensation Calculation
Of course, many elements of a loss are more emotional than financial. As a result, compensation may be provided in the following areas:
- Loss of love, companionship, protection, etc.
- Loss of sexual relations for the decedent’s partner
- Loss of guidance and training for those being raised by the decedent
Obviously, these elements cannot be calculated in the same way as financial losses. As a result, evidence needs to be presented showing the decedent to be loving. This may include testimony from family members, photos, videos, and so on to show that the individual was present in the lives of those seeking compensation.
If You Have Lost a Loved One
If you believe you may have a wrongful death case on your hands, contact Petrov Law Firm right away by dialing 619-344-0360. Our empathetic attorneys will help you to receive the full compensation you deserve for your tragic loss.Read More
When a person dies as a result of someone else’s negligence, the survivors may be able to file a wrongful death lawsuit. This kind of lawsuit seeks compensation for the loss of the survivors, such as funeral expenses, lost companionship, and even lost wages from the deceased.
What is a wrongful death claim? Who can file it? How quickly must it be filed? What damages can be collected, and how are they distributed? These are the questions this blog post seeks to address.
What Is A Wrongful Death Claim?
A wrongful death lawsuit is a legal suit in a civil court that seeks a civil redress against the person or company who played a part in the death of the decedent. The compensation is paid in the form of monetary damages.
Who Can File a Wrongful Death Lawsuit?
The dead person called the “decedent,” obviously, cannot file the lawsuit themselves, and even not legally allowed to file the lawsuit. Another person must file the lawsuit such as:
– A surviving spouse
– Adult children
– A parent (when the decedent is a minor.)
– A single member of a civil union or domestic partnership
– More distant family members can file a lawsuit in many states if the decedent was a single male adult.
– The executor of will (if the decedent had a will) may also have the sole right to file a claim on behalf of the decedent.
It should be noted that only one wrongful death lawsuit can be filed on behalf of the decedent. If multiple lawsuits are filed due to a family disagreement, the court will most likely consolidate them into one lawsuit.
When Must a Wrongful Death Lawsuit Be Filed?
Every state allows at least one year. The only exception is if you are claiming the government or an employee of the government played a role in the decedent’s death. In such case, you’ll need to file documentation known as a “notice of claim” within 90 days of the death.
What Damages Can Be Collected?
Damages are awarded solely for the benefit of the decedent’s surviving spouse, children, and other dependents in most states. In cases where there are no surviving spouse, children, or dependents, the damages may be directly paid to the estate. Damages available in a wrongful death case varies depending on the facts of the particular case, and the state it is filed in. Some common types of damages paid includes:
– Funeral and burial expenses,
– Medical bills,
– Loss of wages,
– Lost contributions to child or spousal support,
– Loss of household and other services the decedent would have performed,
– Loss of prospective education and training,
– Loss of care, comfort, and guidance the decedent would have given to his or her spouse and children.
– Also, pain and suffering suffered by the decedent in the moments before death.
If you believe a loved one has died due to intent or negligence by another person or company, you have recourse through the law to recover monetary damages through a wrongful death lawsuit. Contact Petrov Law Firm at 619-344-0360 for a consultation.Read More
When an injury results in death, close relatives of the victim can file a wrongful death case. (Had the incident caused just an injury, the case would have likely been a personal injury claim.) Different states allow for different family members to file wrongful death claims. If someone close to you has died from another’s neglect, contact a personal injury attorney to file your case immediately.
Generally, wrongful death cases occur because of an accident stemming from neglect. Intent to cause harm would mean the case is a criminal matter. For example, if a construction crane falls and kills someone walking by the construction site, the victim’s family would file a wrongful death case.
Not all wrongful death claims, however, are easy to identify or prove. For example, if a skier hits a tree and dies while skiing, generally the business that owns the ski trail wouldn’t be liable in a wrongful death case. Skiing has some inherent risk and the skier assumes most of that risk. However, if the trail had been mismarked as an easy path, but was, in fact, intended for more experienced skiers, the owner could be held liable. Again, neglect is key in proving that ski trail management should have more diligent about guiding less experienced skiers to the safer options.
Spouses, parents, and children are responsible for filing the wrongful death case. If you have a family member that you suspect died because of someone else’s neglect, contact a lawyer immediately. Evidence of neglect disappears quickly and witnesses become hard to locate. Don’t let a wrongful death go unnoticed.Read More
Perhaps you were shopping at the convenience store, checking into a motel, or simply using the ATM, and you and the business were robbed. Your routine activity became part of a criminal act. Generally, the hold-up is over as quickly as it began. Suddenly, you’re lying on the floor, your wallet is gone, and the criminals are speeding away in car.
If you’ve been the victim of a crime like this, you know the aftermath continues for years. Nightmares, paranoia, and agoraphobia are just few of the symptoms you suffer. But who is responsible for helping you with these post-trauma symptoms?
No business can guarantee that a crime won’t occur on its premise. However, businesses have a responsibility to their employees and clients to enact reasonable crime-prevention methods to deter criminals. Working cameras, proper lighting, and internal cash-handling procedures can reduce the likelihood of crime significantly.
Just as in a physical injury (slip and fall) that happens on a commercial property, businesses are responsible for the emotional distress from a hold-up or robbery. You might be eligible for recouping the cost of psychological treatment, anxiety medications, and lost wages.
You might (or might not) receive a letter from the business or its insurance company indicating how much time you have to submit a claim. A personal injury attorney will be able to investigate the company’s insurance policy to see if your losses and costs are already listed as covered expenses.
You are the victim of a preventable crime. Make sure to hold the business responsible for keeping you safe.Read More
Anthony Olsen was arrested and booked on charge of hit and run causing death or injury to another. According to reports, Mr. Olsen’s PT Cruiser hit a wheel chair bound 50-year- old Laurie Susan Whitlow in the 15000 block of Olde Highway 80 near
Flinn Springs Road at about 9:05 PM on Friday May 11th, 2012. It is unknown where Ms. Whitlow was situated when she was hit but the hit caused her to be thrown from the wheelchair and into oncoming traffic. Unfortunately, despite their best cheap auto insurance quotes efforts, emergency personnel were unable to resuscitate Ms. Whitlow, who died on the scene. Witnesses were able to lead the police to Mr. Olsen by identifying his PT Cruiser. The police also matched damage to Mr. Olsen’s PT Cruiser to ones that would be consistent the accident. If you or a loved one has been involved in a hit-and-run accident, please call our office for a free consultation at our toll free number 888-688-4363 or visit our website at www.thecplawfirm.com.Read More
A pedestrian was struck by an Amtrak Surfliner Train in Leucadia around 10:20 pm on Friday, May 4th. The pedestrian, identified as 51-year-old Douglas Burns, was walking near North Coast Highway after leaving his friends house when he was struck.
Reports say that he died at the scene from multiple blunt force trauma induced injuries. It is unknown if alcohol was involved in this terrible accident. If anyone witnesses this hit, please contact your local authorities with any information that may help them determine what happened in this accident. If you or a loved one has been involved in a train accident, please feel free to contact our office for a free evaluation of your potential case. www.thecplawfirm.comRead More
A 54-year-old man was struck by a vehicle while crossing the street. The man was in a legal crosswalk about
1 block south of Saturn Blvd and Palm Ave in the Egger Highlands Neighborhood. The man suffered a broken leg in two places and was transported to the hospital. The San Diego Police Department is searching for a teal-colored Honda sedan. If anyone witnessed this hit and run, please call the San Diego Police Department.
If you or anyone you know has been injured in a hit and run accident, please contact our office so that we may help you get the justice you deserve.Read More
A man between the ages of 45 and 65 was struck and killed by a Coaster train in the Bay Park area of San Diego. The southbound train struck the man near West Morena Boulevard and Tecolote Road at around 2:35 p.m. according to the San Diego County
Sheriff’s department. Initial reports from witnesses are that the man lost his balance and fell in front of the oncoming train. Authorities are still investigating, though the thought is that this was accidental.
For more information on the incident, please visit http://www.cbs8.com/story/17365280/death-of-man-struck-by-coaster-train-being-investigated
For more information on car accidents, wrongful death, or other personal injury cases in the San Diego area, please visit http://thecplawfirm.com/Read More
A person was fatally wounded after being struck by an Amtrak Train Wednesday morning in downtown San Diego. The accident occurred at approximately 6:30 a.m. The accident occurred while the victim was walking on West Palm Street between Pacific Highway and Kettner Boulevard. The victim was not immediately identified.Read More