How Wrongful Death Claims Are Calculated

Introduction

Losing a loved one is always tragic. When their death is because of someone else’s negligence or intentional conduct, it intensifies the pain. In such cases, applicable laws allow the deceased’s family to seek financial compensation through a wrongful death claim.

A wrongful death claim is a legal action that close family members or representatives of the deceased person’s estate can file. It quantifies the financial implications of the unexpected demise caused by the wrongdoing of others.

One crucial aspect of a wrongful death claim is its calculation, which often bewilders many people. This article will explain how wrongful death claims are calculated.

Economic Damages

Economic damages are easy to calculate because they come with a fixed dollar amount. They consist of the financial losses that result from the death of the individual.

Different elements are included under economic damages such as:

1. Medical Expenses: These are the costs associated with any medical treatment the deceased underwent due to the incident leading to their death.
2. Funeral Costs: These include everything from mortuary expenses to the cost of the burial or cremation.
3. Lost Income: This is the income that the deceased would have earned had they lived their normal lifespan. Factors such as the person’s age, nature of their job, skills, experience, health, etc., impact this figure.

Non-Economic Damages

Non-economic damages are harder to calculate as they are subjective and do not have a direct dollar amount. They are intangible losses experienced by the family of the deceased.

Examples of non-economic damages are:

1. Loss of Consortium: This refers to the emotional pain suffered by the spouse due to the death of their partner.
2. Loss of Parental Guidance: If the deceased was a parent, the children are considered to have lost their guidance and support.
3. Pain and Suffering: This is the emotional distress the death causes the surviving family members.

Role of a Lawyer

Consulting a Los Angeles personal injury lawyer is beneficial in wrongful death claims. A lawyer can guide the surviving family members through the legal process, help calculate the right amount for the claim, and make sure that the claim is filed correctly and on time. Using their negotiation skills, they can also strive to secure maximum compensation for the family.

Conclusion

A wrongful death can be emotionally draining and financially challenging for the surviving family members. Understanding the calculation of a wrongful death claim can provide some relief. Although it won’t bring the deceased back, it can ensure that the surviving family members receive the financial support they necessitate to cushion the impact of their loss.