How Are The Damages Determined In A Wrongful Death Case?

If you lost a loved one in a wrongful death situation, you may be eligible to file a lawsuit against the employer or the company. The question is: what is covered by a wrongful death case?
How is the damage determined?

To find answers, you have to understand what lead to a wrongful death.

Almost every state in America has different regulations when it comes to wrongful death. Some states even have the “cap”, or a limit to the amount and type of damage done. Listed below are the main factors that influence the damage of a wrongful death case.

Economic Damage

From an economical perspective, the damage is calculated based on the total contribution the deceased would have made to the survivors if he or she didn’t die. It includes the following factors:
• Loss of victim’s expected wages
• Loss of benefits
• Loss of pension
• Loss of medical coverage
• Medical and funeral expenses connected to the death
• Loss of an inheritance caused by the untimely death
• The amount and value of all goods and services the deceased would have produced and provided

When everything is taken into consideration, with a help of an economist and several witnesses, an attorney can draft a sum. If you are unhappy with the sum or feel like something has been left out, you can always talk to one of our Wrongful Death Attorneys in Los Angeles and ask them to revisit the case and check if something has been left out.

Non-economic Damage

Believe it or not, but non-economic damages have a higher value than economic damages most of the time. They are less tangible, but include the following:

• Loss of love, society, and companionship from the deceased
• Loss of care, protection, guidance, training, advice and nurturing from the deceased
• Damages for the survivor’s mental anguish, as well as pain and suffering • Loss of consortium from a deceased spouse

Punitive Damage

These types of damages are usually awarded to punish the defendant for bad conduct. However, punitive damages are not available in wrongful death situation in many states. Speak to our Los Angeles Wrongful Death Attorney today and see if punitive damages apply to your loved one who suffered a horrible fate.

Attorney’s fees and Interest

It is important that you ask that all the interests and attorney’s fees be paid by the defendant. These fees are known to be expensive, and since you are the one who has to deal with a loss of a loved one, it is only fair that your attorney negotiates the deal and receives payment from the defendant. This is not always the case, and it depends on many different factors. Speak to your attorney and find out who is responsible for paying the attorney’s fees in your state.

Act within time limit

In most states, you have up to two years to file for a wrongful death lawsuit. However, some states have shorter limitations, so make sure to check that with your attorney. Missing the deadline will leave you unable to recover death benefits, permanently.

The statute of limitations begins from the moment the harm was done to an employee. Special rules may apply to minors, persons with mental and physical problems, as well as individuals involved in fraud and other criminal activity.