Wrongful death happens when a person dies due to negligence or recklessness of a third party. In this situation, surviving relatives of the victims can file claims to cover the damages against the liable person.
According to Los Angeles wrongful death settlement attorneys, these claims are often used to recover damages in fatal car accidents, medical malpractice, and product liability cases which involved negligence resulting in the loss of lives.
According to federal law, immediate family members including children (even adopted one) parents, and spouses can file wrongful death claims. However, some states allow life-time partner, “putative” spouse (an individual who assumed that he/she is married to the victim), and any person who is financially dependent on the victim to file wrongful death claims and receive monetary compensation.
In addition, some states allow distant family relatives such as grandparents, sisters, and brothers to file wrongful death claims. Meanwhile, even those who are not related by blood can file such claims as long as they can prove that the tragedy resulted to loss of care or they are financially affected by the accidental death.
However, wrongful death claims have its limitation. According to the federal law, a person cannot file this lawsuit against another family member. (This restriction aims to maintain a healthy family relationship.)
The monetary compensation for wrongful death claims may vary from state to state. Claims may also depend on the relationship of the claimants to the victims and the earning capacity of the deceased.
For example, if a parent was killed due to negligence, his young children will be deprived of his care and support which must be covered by bigger monetary compensation.
On the other hand, if an old person has died due to wrongful death accident, his adult children are likely to receive smaller compensation since it is presumed that they are no longer financially and emotionally dependent on their parents.
In the case of young children who died due to negligence, their parents will receive smaller compensation since earning capacity is one of the main considerations in awarding claims.
Calculating the exact amount of monetary claims may be complicated, but the general rule is that incomes from a job are not the only consideration since the court also considers services inside a home (e.g. cleaning, child care, cooking, laundry) as something that has monetary value.
To determine the right amount of compensation, involved parties usually hire actuaries and experts who will give their opinions and estimation on the amount of claims.
Wrongful death claims cover economic, non-economic, and punitive damages—three factors that will serve as the basis for the amount of monetary compensation the surviving family members will receive.
Economic damages include:
1. Loss of potential income
2. Hospital expenses
3. Funeral expenses
Non-economic damages:
1. Loss of care and support
2. Pain and suffering
3. Loss of companionship
When a court has proven that the liable party’s act is malicious and wanton, punitive damages may be awarded (however, many states do not grant this to surviving family members). Usually, punitive damages are three times the amount of the actual damage.
