Understanding Wrongful Death Litigations

By: Joan Guevarra
Submitted: 2009-10-20 17:53:06
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Last June 3, 2009, after years of Los Angeles wrongful death litigation, singer-actress Brandy Norwood has settled with the two children whose mother was killed in four car pile-up back in 2006.

The deceased, Awateg Aboudihaj was driving the family’s Toyota Corolla on L.A.'s 405 Freeway when it was struck by Norwood’s Landrover. E! News Online reported that the star will be paying $300,000 apiece to Mrwan and Kareem Mohamed who were 15 and 11 years old when they lost their mother.

Brandy Norwood or better known as Brandy was not charged with any crime after L.A. police ruled that there was insufficient evidence for vehicular manslaughter. Awatef's husband, Marouane Hdidou, however, has not reached a settlement with Brandy. It’s been reported that he rejected a $1.2 million settlement offer last February.

In an interview, the singer-actress was quoted saying that, "It was a situation that changed my life forever.”
What Brandy said is an understatement.

Unfortunately, a wrongful death changes the life, not just of the defendant but also the lives of the people who have been left behind by the deceased. The immediate family in particularly, like the children and the spouse would have continued to rely on the deceased for love, guidance, companionship and support and security were it not for the untimely death.

 “Gone too song…” as Michael Jackson sang.

While car accidents are the leading cause of Los Angeles wrongful death litigations, there are other circumstances that may attribute to a loved one’s untimely demise.

•    Medical malpractice that results in decedent's death
•    Plane crashes
•    Occupational exposure to hazardous conditions or substances
•    Criminal behavior
•    Pedestrian accidents
•    Fire
•    Product Liability

An important thing to remember is that state law puts a limit on who may file for wrongful death. Only close family members like spouses and children and parents can bring wrongful death actions. Some states allow more distant family members, such as grandparents and legal dependents who suffer financial injury from the death to bring wrongful death lawsuits

Also, Los Angeles wrongful death litigations can be complex. These cases are similar to personal injury lawsuits for nonfatal injuries, but the damages are different. Damages recoverable include:

•    Loss of support
•    An estimate of the deceased person’s future earning capacity
•    Benefits lost from the death, such as insurance, pensions or inheritance
•    Loss of love, companionship, comfort, care, assistance, protection, affection or care suffered by the survivor
•    Punitive damages intended to punish prevent other people from making the same mistake

The Statute of Limitations in filing for wrongful death claims also vary state to state. Some would say that the statute has been held to commence when the party bringing suit discovers, or in the exercise of reasonable diligence should have discovered, the causal connection between the decedent's death and its cause. Other states in a product liability wrongful death claim are subject to special limitations periods that start to run on the date of the decedent's death, regardless of the knowledge or lack of knowledge of the party bringing the action concerning the cause of death.

So when building a successful Los Angeles wrongful death litigation, it is best to have an attorney who specializes in such cases. While money cannot replace the value of person’s life, it will help those left behind live better lives.

Article source: Expert Articles