When you lose someone you love, whether a relative, friend, or spouse, you can go through intense feelings of anger, grief, and seclusion. This is particularly true for children who feel their world has fallen apart. Healing will eventually come but it may take longer than you expected when the death was caused by someone’s fault. With Los Angeles wrongful death lawyer Howard Craig Kornberg, you will be able to figure it out if you have a wrongful death case or not. Whether the death was intentional, negligent, or reckless, you may be able to obtain compensation for some specific damages.
Types of damages covered
It’s very difficult to categorize damages caused by a wrongful death. Whether economic or noneconomic, it’s important you ask your attorney everything that’s implied or included in these categories:
- Economic damages: These are the financial aspects of wrongful death. In other words, loss of income or the financial stability you may have enjoyed while the deceased was alive. Other economic damages include any gifts or benefits relatives or family was supposed to receive from the victim. Funeral and burial costs can also be included in this category together with child care, housekeeping, and any other qualifying expenses.
- Non-economic damages: This is the emotional side of your case, which can be very painful to deal with but it is also necessary. There is no price tag on all the affection, love, and companionship you receive from someone. In order to be awarded compensation for non-economic losses, you will need to present strong evidence with the help of your attorney Some damages such as sorrow, grief, and mental suffering the family may have experienced before the wrongful death occurred will not be considered in this category.
Who can file a wrongful death claim in California?
Children, a surviving spouse, or any other dependent family will generally qualify to file such claims. When there are no heirs, the claimants maybe whoever is entitled to receive the deceased’s estate. Under California law, some relatives or people who had a qualifying relationship with the deceased may be able to file a wrongful death lawsuit.
Wrongful death and survival action
During a wrongful death case, relatives are entitled to receive compensation for the victim’s death. These damages are not supposed to be included in the deceased’s estate. In survival actions, it runs from the date the injury or death occurred while in wrongful death actions, the claim is brought two years after the death. Both wrongful death and survivor action can be tried at the same time.
Hiring a Los Angeles wrongful death attorney
It’s important you hire an experienced injury attorney since these are very sensitive cases. If you or a family member is dealing with wrongful death, call us to schedule your initial consultation. We treat every case with the utmost respect and will find every legal way possible to protect your family’s rights.
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