What You Need to Know About Wrongful Death Claims

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by: Mesriani
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The loss of a loved one can be a severe blow to any family, more so if it is a case of wrongful death. Wrongful death claims are made based on the complaint that a life was lost due to:

• An accident caused by someone’s actions

• An accident caused by someone’s failure to act or negligence

For a wrongful death claim to be successful, one must prove that a person or party’s action or inaction caused the death of the victim. It is because of this that wrongful death claims are not usually as straightforward as a grieving family would hope.

Wrongful death claims attempt to put a financial value on a person’s life, determining that “value” is a long and sensitive process. The value of a person’s life is determined by the court through different means, such as the person’s age, earning potential, etc. In such standards, it is common that wrongful death claims involving children and the elderly do not pay that high in damages compared to someone who is at the prime of his/her life and was currently working before the wrongful death happened.

Here are a few things that you need to know about wrongful death claims:

• Who can file wrongful death claims? – Generally, immediate family members can file a claim. That is, spouse, parents, and children.

• How is the damage computed? – Usually, the damages paid are based on the amount that the person would have earned had he/she lived. In the case of a child’s untimely death, proving this could be difficult because the health of the child has to be considered, or how likely he is to survive to a productive age. Other things to be considered are the hospital bills, medical bills, and how much pain and suffering the family has gone through in losing the person.

• What about “survival statuses” – If the person who filed the claim died before the case is closed, then the surviving spouse or beneficiaries may continue the claim in his place.

• What about unborn children? – The law varies depending on the state the person concerned died. In most cases, the viability of the fetus has to be considered in assessing wrongful death claims involving unborn children. Viability means the possibility that the child would have been born and would have survived outside the womb at the time of death.

• What about elderly people? – Wrongful death claims involving the elderly does not usually result to a big claim for the surviving spouse or other family members. Elderly people are already past their prime and their earning capacity is not as much as young people anymore. It is also usually assumed that the children of the deceased are already adults, thus not needing their parent’s guidance as much as they did when they were younger. The “value” of the elderly in this case, is much lower because of the independence of their children from them.

• What about children? - Damages for the wrongful death claims involving children are usually computed by their parents’ financial loss. Some things such as earning potential, sex, state of health, age, and others are factored in.

No amount of money would ever replace the loss of a loved one. There is no formula that would determine the amount of companionship lost in the event of an untimely death.

However, bringing justice to wrongful death claims would also bring you some measure of comfort. The damages you claim will also help to somewhat alleviate the financial loss you suffered in the process. Consult Los Angeles attorneys now to discuss wrongful death claim and get the best people to help you win your case.

Our expert personal injury lawyers are familiar with accident issues such as wrongful death claims. You can log on to our website to avail of our free case evaluation.

About the Author

Pao is an aspiring writer who writes technical as well as literary articles, among others. She is passionate about animal rights, photography, and literature. She hopes to someday be able to share her ideals to more people through her writings.

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