When someone is killed by the negligent or reckless actions of another, the family that they leave behind will always be devastated. Not only is it challenging to say goodbye to someone that we love, but it is even harder to wrap our heads around the fact that we must say goodbye to someone when they were taken from us through no fault of their own.
In the midst of trying to sort through all of those difficult emotions, most don't have the mental and psychological capacity within themselves to think about legal action, such as filing a wrongful death claim against the liable party. At Kash Legal, we understand how overwhelming this time can be, and we will do everything we can to make sure you and your family get the compensation you deserve.
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A wrongful death claim often is the result of someone else’s negligent actions that led to your loved one’s death due to no fault of their own. This can be the result of a car accident, a motorcycle accident, a slip-and-fall, medical negligence, or a personal injury.
The people that we interact with in daily life all owe each other a duty of care that they will follow the law and protect others. However, this unfortunately does not always happen, which may lead to someone’s wrongful death. Any breach of this duty of care means that you may be able to file a wrongful death claim on behalf of the deceased.
The types of damages that one can expect in a wrongful death lawsuit come in different forms. They can be both economic and non-economic losses, but how these damages are calculated and awarded depends on what kind of compensation the court decides is appropriate in your case.
Pecuniary is another word for financial damages, and this is the variety of damage that is easiest to calculate. The court looks at what one lost financially when they lost their loved one and then the court awards damages based on that. Things such as the loss of income, medical expenses, and burial costs are all calculated into this figure. The law generally provides that pecuniary damages should be awarded that are fair and in balance with the true loss that one sustained because of this incident.
It is not always the case that pecuniary damages alone are enough to bring true justice to a case. Sometimes, a jury may decide that it needs to award something else on top of that. Thus, they might choose to award punitive damages above and beyond the pecuniary damages that they already awarded. The reason is that the jury wants to send a message to the defendant that they need to fix the mistakes that led to this situation in the first place. These types of damages are most often awarded in cases where the defendant is a company.
It is often necessary for the plaintiff’s Oakland attorney in a wrongful death case to bring in experts to provide testimony about the economic benefits and worth of the person who has passed on. This process boils a person down to their most basic economic value, which can seem unkind at first. However, the court must have some basis from which to calculate the pecuniary damages that are appropriate to award to the plaintiff.
Experts can show that the loss of a loved one impacts the family’s finances not just in terms of the income lost, but also because expenses will increase without having that person around. Additionally, it is possible that the surviving individual or individuals may require therapy or other mental health services to handle what they have been put through. This can all be calculated in court to show the true scale of the loss that one has gone through.
Losing a loved one, regardless of how you were related to them, is never easy. However, during a wrongful death claim, only certain parties are able to file a wrongful death lawsuit. These parties include:
Figuring out who can file wrongful death claims can be difficult, but partnering with a Oakland wrongful death attorney can help you get the compensation you deserve.
The grieving process is extremely complex and difficult to work through. However, working with an Oakland wrongful death attorney at Kash Legal will let you grieve and heal on your own time while ouer wrongful death lawyers work to get you the compensation you deserve.
Our wrongful death lawyers are highly trained in how these cases work, and we won’t stop until you get the justice you deserve. To get set up with a free initial consultation with one of our wrongful death attorneys today, please fill out our contact form or call us at (888) 527-4128 and let us help you.
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