Accidental deaths are one of the leading causes of deaths in the United States. In Fresno County alone, there were one hundred twenty-seven fatal vehicular accidents in 2008 according to the California Highway Patrol. When someone we love dies as the result of an accident, we frequently lose not only their love and affection, but financial support as well. According to Fresno wrongful death attorney Emery Ledger of Ledger & Associates, this is when we should consider filing a wrongful death claim. If you are like most people, you are asking yourself “How can I possibly put a dollar value on the life of my loved one?”. This is a perfectly normal question to be asking yourself and one that Fresno wrongful death attorney Emery Ledger gets asked all the time. The reality is that the laws of California have evolved to provide a framework to attempt to do just that.
Under the wrongful death statutes in the State of California, a claimant in a wrongful death lawsuit can recover for the following categories of damages:
1. Future earning capacity
2. Loss of household services
3. Loss of love, companionship and consortium
4. Funeral and burial expenses
5. If the decedent survived for any length of time – survival benefits
6. Under special circumstances punitive damages can also be awarded
The first three of those categories are the most complicated and difficult to determine, says Fresno wrongful death attorney Emery Ledger of Ledger & Associates. No one wants to put a value on the life of their spouse, parent or child. It is a highly emotionally charged process and can take months – or even years – to come to conclusion.
Your wrongful death attorney must determine who was at fault for your loved one’s death. Once fault has been determined, then he can begin the process of valuing your claim. Many factors will go into valuing a wrongful death claim including: earning capacity of the decedent; educational level of the decedent; relationship between the claimant and the decedent; age and health of the decedent and claimant; and family size and age of children. All of these factors and many more must be taken into consideration when determining what a wrongful death claim is worth.
Fresno wrongful death attorney Emery Ledger says that he will often need to consult with economists, accountants and medical doctors in evaluating the value of a wrongful death claim. If the decedent was contributing financially to the family, then the decedent’s present and future earning capacity must be calculated. While this can be complicated, it is largely based on what the decedent was earning at the time of death plus any education that he had to add future value to his earning capacity. If the decedent was performing household services then the value of those services must be determined. These household services can be a little more difficult to value but generally have a connection to how much the family as a whole was earning. Loss of love, companionship and consortium (if applicable) can be even harder to value. The closeness of the relationship between the decedent and the claimant will play a big part in this value.
As you can see, valuing a wrongful death claim is a long and complicated process and one that requires the guidance of an experienced wrongful death attorney. If you would like a free detailed evaluation of your potential wrongful death claim, contact Fresno wrongful death attorney Emery Ledger at Ledger & Associates – 1-800-300-0001 or at www.ledgerlaw.com
