According to Orange County wrongful death attorney Emery Ledger of Ledger & Associates, one of the first questions that he is generally asked when consulting on a wrongful death claim is “What compensation am I entitled to?”. While every case and every claimant is different, there are some general guidelines under California law to help you understand what compensation you may be entitled to if you have lost a loved one due to someone else’s negligent or intentional act or omission.
Under the laws of the State of California, a claimant in a wrongful death case may be entitled to compensation for three general categories of damages: Future financial support; value of household services; and loss of love, companionship and consortium. These three categories are a broad outline of the potential compensation that you may be entitled to in a wrongful death claim, says Orange County wrongful death attorney Emery Ledger.
Future financial support is intended to take into account what the decedent would have contributed in terms of actual financial support had they lived. In order to determine this value, your wrongful death attorney will consult with economists and accountants to determine what earning potential the decedent had and how much he was likely to earn had he lived. The age of the decedent, educational level and earnings at the time of death are just some of the factors that go into determining a value for future financial support.
The value of household services is intended to place a numerical value on services that the decedent performed in the home so that a spouse could work. This may include such things as cooking, cleaning and child rearing. If one spouse elected to forego pursuing a career in order to raise children or support the other spouse in their career, then that sacrifice and those services had a value and the surviving spouse and children are entitled to compensation for their loss.
Loss of love, companionship and consortium is by far the broadest and most highly contested category. This category attempts to place a monetary value on the emotional impact that the death of the decedent had on the claimant. As you can imagine, this is a very subjective value and often the most emotional part of the process. Your relationship with the decedent will play a role in this value – was the decedent your spouse, parent or child? Undoubtedly, an argument can be made for the emotional impact that the loss of any of those relationships would have on a claimant.
According to Orange County wrongful death attorney Emery Ledger of Ledger & Associates, once all of those values have been determined is when you will begin negotiations and/or head to trial. Each case is different and only an experienced Orange County wrongful death attorney can give you an idea of what compensation you may be entitled to in your case. If you have suffered the loss of a loved one and would like a free detailed evaluation of your specific case, please contact Orange County wrongful death attorney Emery Ledger at Ledger & Associates – 1-800-300-0001 or through his website at www.ledgerlaw.com.
