Press Release (ePRNews.com) - NORTHRIDGE, Calif. - Feb 08, 2018 - When a person is injured as a result of someone else’s negligence, that person is eligible to compensation by way of a personal injury claim. What about when an individual dies as a result of someone else’s negligence? There are a number of questions that arise. This article will discuss frequently asked questions in respect of wrongful death and available compensation with answers provided by an attorney from the King Law Firm.
According to the Cornell Law School Legal Information Institute wrongful death is defined as, “a death caused by the wrongful act of another, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased person to obtain compensation for having to live without that person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.” The King attorney stated that “a wrongful death lawsuit is a civil case that is filed against a person or business who allegedly is legally responsible for causing someone’s death.” Wrongful death can be caused or contributed to by actions that include negligence or careless conduct, the design or manufacture of a defective product, a reckless or gross negligent act such as causing a car accident because of driving under the influence. Each state has its own set of laws permitting a wrongful death lawsuit. Such laws specify who can file a wrongful death action, the losses that can be compensated for and the statute of limitations in which the case can be filed in civil court.
Some questions that are frequently asked in respect of wrongful death lawsuits include the following:
… wrongful death is defined as, ‘a death caused by the wrongful act of another, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased person to obtain compensation for having to live without that person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.’
Q: How is the amount of damages determined?
The type and amount of damages that survivors can collect in a wrongful death case differ from one state to the next. However, some typical damages that can be received by family members of the deceased person’s estate include:
- Loss of financial support that would have been provided by the deceased person had they been alive
- Loss of emotional support experienced by the survivors as a result of the absence of the deceased person including loss of care and companionship
- Costs of pre-death medical treatment, if applicable. For example, where an individual is involved in a car accident and is hospitalized for the injuries but succumbs to them and dies. The associated medical treatment for the hospitalization is compensable.
- Cost of funeral or burial expenses
- Future earnings and other economic losses resulting from the wrongful death
Q: What is the difference between murder and wrongful death?
The attorney stated that one of the main differences is the manner in which such cases are handled. In respect of murder, such a case is handled in a criminal court after charges are filed by the state. In the event that the defendant is found guilty for the charges, he or she is punished through incarceration and possibly payment of a fine. In respect of wrongful death, this is filed in a civil court against the person or business that is allegedly responsible for causing the deceased person’s death. The outcome of the lawsuit is expressed solely in terms of damages made up of a dollar amount that is payable by the defendant to the estate and all the surviving family members which is enforced by a judgment entered by the court.
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About the company:
The King Law Firm is a law firm of renowned professionals who specialize in personal injury matters. The law firm has a track record of success and expertise in respect of personal injury case settlements and trial verdicts. In respect of a Northridge car accident, seek legal advice and representation from a law firm of professionals. For personal injury matters in relation to car accidents in Woodland Hills, consult Woodland Hills car accident attorney.
The King Law Firm
Address: 1940 Business Center Drive, Suite 102 Northridge CA 91324 US
Telephone: (805) 448-4306
Fax: (818) 527-1185
The King Law Firm