Damages in Wrongful Death Actions
- Why types of damages are awarded in wrongful death lawsuits and how are they determined?
- Are punitive damages recoverable in wrongful death actions?
- How are damages calculated in wrongful death lawsuits?
- Monetary Damages for Wrongful Death
- Factors in Determining Emotional Loss
- Factors in Determining Economic Loss
- Survival Action for the Injuries of the Deceased
Pursuing a Lawsuit for a Spinal Cord Injury
Spinal cord injuries are some of the worst types of injuries suffered today. Not only do the victims suffer paralysis, but there are also many other health consequences from a SCI, including bowel and bladder problems, breathing difficulty, blood pressure and heart dysfunction, spasms, loss of reproductive and sexual function and increased risk of blood clots, bed sores and pneumonia. People with SCI generally also have a shorter life expectancy…
A catastrophic injury or illness usually occurs suddenly and without warning. Injuries that are considered catastrophic (due to the enormous impact they have on the lives of the individuals who experience them) include the following: brain injury, spinal cord injury, amputation, severe burns, multiple fractures, or other, neurological disorders. If a catastrophic injury was caused by the negligent or intentional act of another, or by a dangerous or defective product, a personal injury claim by the victim will be an integral factor in his or her future quality of life, including the quality of the medical care and other support he or she will receive…
If your insurance company denies your claim for benefits, you may wonder what your options are. You do not have to accept that initial denial as the final answer. As a first step, you may ask a supervisor at the insurance company to review the claim and denial. You can also contact your state’s insurance regulatory agency about the claim, and finally, you can speak to an attorney. If you suspect that the insurance company acted in bad faith in processing or denying your claim, talk to an experienced lawyer about your situation.
While a wrongful death award compensates the survivor, a pain and suffering award normally compensates the person who experienced the pain and suffering. Some states allow pain and suffering to be included in a wrongful death lawsuit; others do not. The pain and suffering must have been due …
Even if a loved one never had a job, he or she might have contributed to the family in other ways. The plaintiff may be compensated for services the deceased person had been providing and would have continued to provide. This includes housekeeping, child rearing and similar activities. In some states…
Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant’s behavior was reckless or malicious. Some, but not all, jurisdictions allow plaintiffs to seek punitive damages in wrongful death cases…
If the person dies of the injuries that would have been the subject of the lawsuit, then the representative or heirs may be able to file a wrongful death lawsuit; depending on the state, they may include the personal injury lawsuit, too. If the person who was injured dies of other causes…
In many states there are laws that allow for a wrongful death action to be taken against someone who causes the death of an unborn fetus, however, California is not one of those states.
Can I bring a wrongful death action based on the death of a child or an elderly person?
Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family.
Anyone who believes that they have suffered a wrongdoing (tort) or violation of their private rights can file a civil lawsuit. In a civil lawsuit, it is easier to prove someone is guilty of a wrongdoing than it is to prove someone is guilty of a crime in criminal court. In criminal proceedings…
Although states have differing approaches to awarding monetary damages in wrongful death lawsuits, most of them share some principles in common. Courts award damages for wrongful death based on varying theories, depending on…
An overview of the steps and process of filing a lawsuit against a commercial trucking company for a truck accident.