Friday, September 24, 2010

Orange County wrongful death

The old cliché states that death is inevitable, which probably explains why people keep in mind their safety wherever they go or whatever they do. While this may be true, the chance that the reason behind the death of someone is another person, particularly his negligence or disregard for safety, may be unacceptable to the survivors of the deceased.

Being negligent may result to accidents, which in turn can cause the wrongful death of a person. Wrongful death claims can be filed by the surviving family members of the deceased, or anyone whom he is supporting financially before, against the person who is proven negligent in the accident. Damages that can be acquired from winning this lawsuit include the following:
  • Medical and funeral expenses
  • Loss of expected earnings between the time of the death and expected retirement or death;
  • Loss of benefits like pension plans and medical coverage
  • Loss of inheritance
  • Mental anguish or pain and suffering of the survivors
  • Loss of care, protection, nurturing, and companionship
  • Punitive damages

The judge or jury considers the deceased person’s earning history, health, and character when deciding on the amount of compensation. Earning history can influence the probable future earnings of the person, which in turn influences the amount of compensation. However, the amount of future earnings will be reduced to its present value, or the amount the deceased would have earned over a specific period of time if he were alive.

Character, meanwhile, is considered because it can determine the attitude of the deceased towards his money. Did he handle his earnings well when he was alive or did he squandered and gambled it all? Often, damages for frugal victims are higher compared to victims who were frequent gamblers when they were still alive.

Monetary value of the emotional satisfaction or services provided by the deceased when they were still alive also needs to be determined. If a mother was killed wrongfully, her family is entitled to recover the costs of her many services like child care, cooking, laundry, house cleaning, etc. Calculating damages is very complicated, thus experts are often brought to the court to give opinion on the proper amount of damages.

Attorneys are also necessary in wrongful death cases. Orange County Personal Injury Attorney can be reached through the local bar association or even through the web. It is important to find one who can guide you through the process of litigation and represent you well in court in order to have a standing chance of winning the claim and recover damages.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

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