In Los Angeles and throughout Southern California, family members who have lost a loved one in a motorcycle accident turn to The Law Offices of Mauro Fiore, Jr. to recover in a wrongful death action for damages and losses caused by another’s negligence.
The main differences between a wrongful death action and a negligence claim for personal injury are the plaintiffs in the case and the types of damages which may be recovered. A wrongful death action is not a lawsuit brought on behalf of the deceased accident victim; that type of case is called a survivor action, and where applicable, it is often brought along with a wrongful death claim. In a wrongful death case, the lawsuit is brought by the aggrieved family member, and the damages sought are those injuries which are suffered personally by the surviving family member.
What May Be Recovered in a Wrongful Death
Economic damages suffered by the surviving family include:
- Burial expenses
- Expenses for a funeral or memorial service
- The loss of financial support that the deceased would have provided over a lifetime
- The value of gifts the deceased would have given throughout life
- The reasonable value of household services provided by the deceased
Non-economic damages are injuries which may not be objectively quantified, yet have a significant impact on the plaintiff nevertheless. Examples include:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of the enjoyment of sexual relations
- Loss of training and guidance
Who May Sue
Family members who are eligible to bring a wrongful death suit include the following:
- Surviving spouse or domestic partner
- Grandchildren if children are deceased
- Next of kin
A putative spouse, parents, or a minor living in the household may also file a wrongful death suit if they depended on the deceased for financial support.