|
|
|
|
|
WRONGFUL DEATH |
If a loved one or a relative
has been killed as a result of the negligent (careless) or
intentional or criminal conduct of another, the heirs of the
decedent have a right to sue for monetary compensation. We
cannot undo the harm but we can make sure you receive your
day in Court unless a reasonable settlement is tendered.
I am an AV rated attorney (highest rating given by
Martindale Hubbel) with substantial litigation experience
and the drive to give you your day in Court, in front of a
jury, when necessary. I believe that you negotiate from
strength and therefore, I prepare the case assuming the case
is going to go to trial even though I know that most cases
will settle.
The most difficult phase of a wrongful death case is
determining the value of the case. I have successfully
litigated wrongful death cases and obtained multimillion
verdicts. In California, juries are instructed basically as
the instruction below taken from a real case as follows:
"If you find that plaintiffs are entitled to recover against
the defendant, you will award as damages such sum as, under
all the circumstances of the case, will be just compensation
for the loss which each heir has suffered by reason of the
death of _________, deceased. In determining such loss, you
may consider the financial support, if any, which each of
said heirs would have received from the deceased except for
her death, and the right to recover support, if any, which
each of said heirs has lost by reason of her death.
The right of one person to receive support from another is
not destroyed by the fact that the former does not need the
support, nor by the fact that the latter has not provided
it.
You may also consider:
1. The age of the deceased and of each heir;
2. The health of the deceased and each heir immediately
prior to death;
3. The respective life expectancy of the deceased and of
each heir;
4. Whether the deceased was kindly, affectionate or
otherwise;
5. The disposition of the deceased to contribute financially
to support the heirs;
6. The earning capacity of the deceased;
7. Her habits of industry and thrift; and
8. Any other facts shown by the evidence indicating what
benefits each heir might reasonably have been expected to
receive from the deceased had she lived.
With respect to life expectancies, you will only be
concerned with the shorter two, that of an heir or that of
the decedent, as one can derive a benefit from the life of
another only so long as both are alive.
Also you will award reasonable compensation for the loss of
love,
companionship, comfort, affection, society, solace or moral
support.
In determining the loss which each heir has suffered, you
are not to consider:
1. Any pain or suffering of the decedent;
2. Any grief or sorrow of her heirs; or
3. The poverty or wealth of any heir.
Also, you shall include in your award an amount that will
compensate
for whatever reasonable expense was paid out or incurred for
funeral
services in memory of the decedent and for burial of the
body. In
determining that amount, you shall consider the decedent's
station in life and the financial condition of her estate,
as these circumstances have been shown by the evidence."
The above instruction is a powerful tool that permits juries
to award damages based on the loss of the relationship and
the loss of love from the relationship with your loved one.
But how do we obtain fair and reasonable compensation for
your losses? How can your losses be quantified? The economic
losses are usually a fraction of the true losses you may
have. I can't think of anything more valuable than "LOVE",
can you?
If you need a lawyer in a wrongful death case, please call
me.
|
|
Back to Areas of
Expertise |
|
