Panorama City Wrongful Death Lawyers

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the surviving family members or the estate of a deceased person against a party believed to be responsible for the death. It is a civil lawsuit seeking compensation for the damages caused by the wrongful death.

In a wrongful death claim, the claimant asserts that the death occurred as a result of the negligent, reckless, or intentional actions of another individual, company, or entity. The claimant must demonstrate that the defendant’s actions or omissions were a direct cause of the death and that had it not been for those actions, the deceased person would still be alive.

How Does a Wrongful Death Occur?

Several types of accidents can lead to wrongful death claims if they result in the loss of someone’s life due to the negligent or intentional actions of a responsible party. Some common accidents that can lead to wrongful death include:

• Motor vehicle accidents – Fatalities resulting from car accidents are one of the most common causes of wrongful death claims. These fatal accidents can occur due to various factors, including speeding, distracted driving, drunk driving, reckless behavior, or failure to follow traffic laws.
• Motorcycle accidents – Motorcycle accidents that lead to a wrongful death may occur due to a negligent driver failing to yield right of way or violating traffic laws.
• Pedestrian accidents – Pedestrians are often victims of fatal accident injuries. Pedestrian wrongful deaths may be caused by reckless driving, speeding, and a lack of walkways.
• Truck accidents – Truck accidents may cause wrongful death in the same way auto accidents do. Most especially due to the weight and size of these trucks.
• Product liability – If a defective or dangerous product leads to someone’s death, a wrongful death claim may be pursued. This can include faulty products such as damaged vehicles, defective machinery, unsafe pharmaceuticals, or hazardous consumer products.
• Premise liability – Fatal accidents occurring on someone else’s property due to dangerous conditions, inadequate maintenance, or inadequate security can result in wrongful death claims. Examples include slip and fall accidents, negligent security leading to assaults or robberies, or structural failures.

Damages in a Panorama City Wrongful Death Claim

In a wrongful death claim, the types of damages that may be recoverable depend on various factors, including the jurisdiction and the specific circumstances of the case. However, some common types of damages that can typically be sought in a wrongful death claim include:

Economic Damages

Economic damages aim to compensate for the financial and economic losses suffered by the surviving family members due to the death of their loved ones. These damages may include:

1. Medical Expenses: Reimbursement for medical bills and expenses incurred as a result of the deceased person’s final illness or injury.
2. Burial and funeral costs: Compensation for the costs associated with the funeral, burial, or cremation services.
3. Loss of Financial Support: Compensation for the income and financial contributions the deceased person would have provided to the family had they survived. This can include lost wages, future earning capacity, and benefits.
4. Loss of Services: Compensation for the value of the household services and assistance that the deceased person would have provided, such as child care, maintenance, and other domestic duties.

Non-Economic Damages

Non-economic damages are compensation for losses that are emotional and psychological in nature that are suffered by the surviving family members. These damages may include:

1. Loss of Companionship and Consortium: Compensation for the loss of love, companionship, guidance, and emotional support that the deceased person would have provided to their family members.
2. Emotional Distress: Compensation for the psychological pain, suffering, and emotional trauma experienced by the surviving family members due to the wrongful death.
3. Mental Anguish: Compensation for the grief, sorrow, and mental anguish resulting from the loss of a loved one.

Punitive Damages

In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are intended to punish the defendant for particularly egregious or reckless conduct and to deter others from engaging in similar behavior.