How Lawyers Help Wrongful Death Victims by:Mark Dacanay
Death is difficult to accept
Death is difficult to accept. Deaths that could have been avoided are much more painful and harder to accept especially if it happens to a loved one.
Wrongful deaths refer to fatalities that are brought upon by the negligence of another party. Families are left seeking answers of why a thing should happen and how they can move on after such a tragedy.
Los Angeles wrongful death settlement attorneys help families not only recover compensation for the damages brought by the loss of their loved ones but also help them to the path of recovery.
Although monetary compensations does not remove the pain and suffering felt by those who are left, it alleviates some of the worries about the future especially if the victim of the wrongful death has a substantial contribution to family's finances.
A Los Angeles wrongful death settlement attorney can establish your case through the following factors:
There is a death of a human being.
The death was caused by negligence by another party.
The family members left behind by the victim is suffering monetary losses because of the death.
There should be an appointed representative to handle the victim's estates.
The family members who can file for a wrongful death case are:
Immediate family - Refers to the spouse, domestic partner, children, and offspring of deceased children.
Dependents of the victim - Refers to a putative spouse from a void marriage, children from the putative spouse, parents, stepchildren, and a minor who has resided with the victim for 180 days prior death.
A wrongful death settlement attorney's main goal is to establish pecuniary or financial injury as this will be the main measure of the damages brought by a wrongful death.
The courts refer to loss of support and prospect of inheritance together with medical and funeral expenses as pecuniary injuries. Laws dictate that the damages awarded for a wrongful death should be fair and just.
Factors that Determine Damages awarded
There are a number of factors that determine the damages to be awarded to the family of the victim.
Determining pecuniary loss - Factors such as age, character and condition of the victim, earning capacity, life expectancy and intelligence will be considered. It may seem simple but proving and disproving these claims can be difficult.
Adjustments in the jury's award - The jury decides on the amount of the damages to be rewarded but the last say will be with the court. The court may increase or decrease amount depending on a variety of reasons.
Expert testimony to prove pecuniary losses - The family of the victim can present testimony from an expert like an economist to show the value of the victim to the family.
A Los Angeles wrongful death settlement attorney may also help the family of the victim in settling the matter outside of the court.
Most wrongful death settlements are resolved this way, sparing both parties the pain of going through litigations and finally moving on with each other's lives.
About the author
To pursue claims for wrongful death cases, get help from our skilled Los Angeles wrongful death settlement attorneys. Visit our website at
http://www.personalinjurydefenders.com/ and avail of our free case analysis.
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