Just what is “wrongful death”? Simply put, it’s a term for a death that was brought on by someone else’s carelessness or by the deliberate or careless actions of another person. It also includes the possibility that the victim’s relatives could sue the individual who caused the death. However, not every legal dispute can be filed as a wrongful death suit according to established guidelines. Discuss your best-case scenario with a personal injury lawyer.
Providing Evidence of Wrongful Death If you want to argue that a particular death was unjustified, you need to present evidence of that fact. The most basic stipulation is that a particular person must have died and that the carelessness or wrongdoing of another must have caused this death. The following must be taken into account by the plaintiff regardless of the underlying circumstances:
- A fatality has taken place.
- Death resulted from carelessness or malicious intent.
- The appointment of a personal representative has been made.
Punitive damages for wrongful death are.
In legal proceedings, financial loss is the most frequently cited type of harm to the deceased’s relatives. A claim for monetary losses and costs is called “financial damage.” According to the law, the accused must make restitution in this situation. The full amount must be reimbursed, including medical or funeral costs.
If the damages are straightforward, like funeral and hospital costs, they can be easily calculated; otherwise, they can be difficult to pin down. When determining the number of such damages, the court takes into account a variety of factors, including the deceased’s age, health, earning capacity, and the size of his or her dependent family.
In addition to compensatory damages, the court may award punitive damages to the plaintiff if the defendant’s behaviour warranted such an award. These repercussions are meant to discourage similar actions in the future. Bear in mind that these punitive damages cannot be sought in a successful claim for negligence. However, punitive damages may be claimed in a survival action.
Where Can I Find Information About California’s Wrongful Death Law?
It is specified in Section 377.60 of the California Code of Civil Procedure who is eligible to pursue a wrongful death case.
In addition, this statute defines the various forms of damage awards that may be pursued. Medical and burial costs, lost wages and care provided to loved ones are all factors that might be considered when calculating these losses.