Understanding Wrongful Death Claims

By: Alva Pao-Pei Alfonso
Submitted: 2008-09-08 13:27:30
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What is Wrongful Death about?

A wrongful death claim may be pursued when a life is lost due to the negligence of a person. The claim is usually filed in a civil action by the close relative of the deceased. The proceedings aim to provide the family with monetary compensation for the loss of their loved one.

Of course, money will never replace the loss of a family member, but filing a wrongful death claim is always an option that is open to them. The monetary compensation may be useful for the hospitalization and burial expenses brought about by their family member’s death.

Wrongful death actions put a pecuniary (financial) value on a person’s life, and it is not always an easy thing to do. Determining how much a person is worth to his/her family is a sensitive matter. The law, however, tries to determine how much damages will be paid to the family of the deceased by several factors such as age, earning potential, etc.

Elderly Persons

The death of an elderly person usually does not result to big damages awarded to the family. The earning capacity of a person is one of the big factors that determine the amount of damages awarded. Elderly persons are already considered to be past their prime and their earning potential is not as significant as younger people are.

It is also assumed that the children of elderly persons are already adults and are not dependent on them anymore for support, both financially and emotionally. If the elderly person who died has a surviving spouse, his/her dependence on the deceased’s pension may also be factored in.

Death of children

Making a wrongful death claim on children will also bring modest damages, similar to elderly persons. The financial worth of a child is determined by the parents’ financial loss, which is not usually that substantial.

Here are some of the things that are being considered in a wrongful death claim that involves a child:

•    The child’s earning potential

•    The child’s sex, life expectancy, state of health

•    The relationship of the child to the people who are making the claim

•    The age, health, and circumstances of the claimants

Part of the things that the jury will consider is how the child would have contributed to his/her parents’ livelihood. They usually use several tools and charts to predict this.

Death of unborn children

In cases of wrongful death involving unborn children, the law varies depending on the laws of the state that have jurisdiction over the case. In some jurisdictions, it is important to determine whether the fetus is viable (can already survive outside the womb) at the time of death.

Because of the sensitive nature and the complexity of wrongful death claims, it is best to contact an attorney for some legal advice on the matter. There are Los Angeles attorneys who can give you important legal guidance to help you go about a wrongful death claim.

It may not replace the loss in your family, but the damages awarded may help cover the costs you have incurred in such an untimely death.

Our Los Angeles attorneys are highly adept with the laws and procedures in handling wrongful death and other personal injury actions. Just log on to our website and take advantage of our free case evaluation services.

Article source: Expert Articles

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