Those involved in a wrongful death situation will find it extremely difficult to endure. Coming to terms with the loss of a friend or loved one can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. Whether you are currently embroiled in a wrongful death situation or simply wish to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced San Diego wrongful death attorney.
When Is It Wrongful Death?
In order to better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances in which it can occur.
For a situation to be deemed "wrongful death," there must be a third party who is deemed responsible. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of the use of their products.
When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.
When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.
What Types Of Damages Are Available?
There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).
Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.
Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.
Damages Limits
There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.
A. Jason Kerckhoff is a San Diego personal injury attorney and the President of Kerckhoff Law, APC, a San Diego wrongful death law firm dedicated to representing people who have been seriously injured or killed, and the families of loved ones who have suffered death caused by the negligence of another.
A. Jason Kerckhoff has been successfully obtaining excellent results for his clients for more than twenty-five years. He has the highest rating in Martindale-Hubbell, which is the preeminent company that rates attorneys not only for their abilities, but for their ethics. These ratings are obtained by peers in the San Diego community, and a small percentage of lawyers are privileged to have achieved this rating.
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