- What is involved when litigating a business issue?
- What are some alternatives to litigation?
- What is the difference between mediation and arbitration?
- Is the result of mediation or arbitration binding?
- Can results from mediation or arbitration be appealed?
- What is a class-action lawsuit?
- Can business entities participate in a class action?
- What is the legal fee arrangement for a class action?
The wrongful death of an elderly person can leave the spouse or children with a loss of both companionship and monetary contributions. The surviving spouse may have been relying on the pension of the deceased; if the pension plan does not have a survivorship benefit, the spouse may have lost quite a bit of money due to the death of his or her loved one. Many courts will take this into account when calculating damages. Courts also may take into account the companionship, guidance and affection provided by the elderly person to the children or spouse. One the other hand …
- Who can be held responsible to the injured parties in an air crash?
- Can the owner/operator be held criminally liable?
- What is the Statute of Repose?
- What is the FAA?
- What is the NTSB?
- What is GARA?
- What are the most common causes of aircraft accidents?
- Do the same laws apply to commercial aircraft and private aircraft?
Parents who can recover for the death of a child generally include the child’s mother, the child’s acknowledged father or the child’s adoptive parents. People who act as the child’s parents, but are not legally the child’s parents, usually cannot recover compensation…
Damages in Wrongful Death Actions
- Why types of damages are awarded in wrongful death lawsuits and how are they determined?
- Are punitive damages recoverable in wrongful death actions?
- How are damages calculated in wrongful death lawsuits?
- Monetary Damages for Wrongful Death
- Factors in Determining Emotional Loss
- Factors in Determining Economic Loss
- Survival Action for the Injuries of the Deceased
While a wrongful death award compensates the survivor, a pain and suffering award normally compensates the person who experienced the pain and suffering. Some states allow pain and suffering to be included in a wrongful death lawsuit; others do not. The pain and suffering must have been due …
Even if a loved one never had a job, he or she might have contributed to the family in other ways. The plaintiff may be compensated for services the deceased person had been providing and would have continued to provide. This includes housekeeping, child rearing and similar activities. In some states…
Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant’s behavior was reckless or malicious. Some, but not all, jurisdictions allow plaintiffs to seek punitive damages in wrongful death cases…
If the person dies of the injuries that would have been the subject of the lawsuit, then the representative or heirs may be able to file a wrongful death lawsuit; depending on the state, they may include the personal injury lawsuit, too. If the person who was injured dies of other causes…
In many states there are laws that allow for a wrongful death action to be taken against someone who causes the death of an unborn fetus, however, California is not one of those states.
Can I bring a wrongful death action based on the death of a child or an elderly person?
Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family.