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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Wrongful Death
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A wrongful death claim generally comes about when a person dies as the result of the negligence of another person. Pursuant to state statute, the surviving relatives, dependents, or beneficiaries of the deceased may bring suit against the responsible party or parties, seeking monetary damages for their losses.
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Some states have wrongful death acts that allow the survivors of the deceased person or next of kin to bring a cause of action for their damages resulting from the death of their family member. Other states allow these persons to bring survival actions, which are brought on behalf of the deceased person for their pain, suffering, and other damages resulting from the injuries that caused their death.
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The appropriate individual(s) to bring a wrongful death claim may depend on the jurisdiction. Generally, the primary beneficiaries of the person who has died (often the spouse and children) are able to bring a claim. In some states, the parents of the deceased person may be also designated as beneficiaries.
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Damages
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When a defendant is found legally liable for the death of another, the types of damages that may be recovered can vary greatly. For example, the plaintiffs in a wrongful death case may be able to recover medical, funeral, and burial expenses, lost earnings, and lost benefits (such as pension benefits or medical and health insurance coverage). Additionally, in a few states, plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death as well as punitive damages.
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The method and manner of calculating damages in a wrongful death action can be complex. Plaintiffs may be able to recover monetary loss (also called pecuniary loss), which generally includes the monetary support the survivor has lost from the contributions and services of the deceased person.
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Defenses
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In general, a defendant is entitled to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had they not died. Therefore, if the decedent was contributorily negligent in causing their own death, the defendant may assert that defense in the wrongful death action.
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When a loved one dies, the complexities of a legal claim against the wrongdoer can be overwhelming. An attorney can help guide you through the complex legal maze that lays ahead and help secure compensation for your devastating loss.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your personal injury legal needs.
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Q: What kind of compensation may I recover for my injuries?
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A: An injured person may be awarded compensation, or damages, for: Medical expenses; Future medical expenses; Expenses to care for the injured person; Lost income; Loss of income in the future; Pain and suffering; Loss of enjoyment of life; ans/or Loss of consortium, or spousal relations. In some cases, an injured person may be able to collect punitive damages, which are meant to punish a person who acted badly. Punitive damages, if any, would be in addition to the damages listed. If you read reports of verdicts or settlements in catastrophic injury cases, you may be struck by the large amounts of money involved. Remember that this money is meant to pay for many different, and expensive, things: extra medical care, lost wages, pain and suffering. A catastrophic injury takes away part of a person's life, and money damages are the law's way of attempting to pay for that loss.
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