Monday, September 28, 2015

Wrongful Death Cases: A Closer Look at Damages

The type of compensation to be awarded in a wrongful death case will vary based on the particulars of the case. Many states set a limit to the amount of compensation plaintiffs can obtain. Families of a victim of wrongful death may, however, be entitled to a number of different types of compensation, the amount of which can be determined by a wrongful death attorney in Los Angeles.

Pecuniary Compensation

Pecuniary compensation, also referred to as economic compensation, accounts for the lost income the deceased would have brought in if they had survived. The court will take the earnings, benefits, and inheritance of the deceased into mind. Additional expenses, such as medical and funeral costs, will also be taken into account.

Non-Economic Compensation

This type of compensation often has a higher value than pecuniary compensation, as it deals with a loss of something that is not physical. For family members, it deals with the loss of companionship, love, and consortium. If children are involved, compensation can be granted for a loss of care, protection, and nurture. Compensation can also be provided for mental anguish and suffering over the ordeal.

Punitive damages may also be awarded depending on the circumstances of the death. At any rate, plaintiffs have to account for the statute of limitations as well as the complicated calculations involved, which often require the expert opinion of an economist or actuary. Plaintiffs would do well to hire, or at least consult, an experienced wrongful death attorney.

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