Recovering Claims From Wrongful Death In Santa Monica

For many surfers and swimmers, Santa Monica is the ideal beach destination in western Los Angeles County. The coastal city is known for its good beaches and temperate climate.

Incidentally, the Santa Monica Freeway (Interstate 10), which is considered as one of the busiest highways in the country, begins in Santa Monica and traverses downtown Los Angeles, across seven other states and terminating at Jacksonville, Florida. In Santa Monica, this route is known as the Christopher Columbus Transcontinental Highway.

In addition to this, the State Route 2 (Santa Monica Boulevard) and the San Diego Freeway are also the other major highways that pass through the coastal city, aside from being the western terminus (Pacific) of the historic Route 66.

Because of this, the city has one of the most active and busiest freeways in the country, with hundreds of thousands of motorists and vehicles passing through its major thoroughfares daily. Consequently, high incidences of vehicle accidents happen in and around the city streets.

Some of these accidents, which include among others, car crashes, collisions, SUV rollovers, truck accidents and sometimes-even train accidents, result in serious injuries and sometimes, death. Deaths arising from serious accidents like these are considered wrongful deaths.

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members often called distributes and the victim, the decedent.

Surviving spouses and children, and sometimes parents, are the most common distributees. A wrongful death claim may only be initiated and brought up by the personal representative of the decedent's estate.

Elements of a Wrongful Death Lawsuit

In order to bring a successful wrongful death cause of action, the following elements must be present:

The death of a human being
Caused by another's negligence, or with intent to cause harm
The survival of family members who are suffering monetary injury as a result of the death
The appointment of a personal representative for the decedent's estate

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

Medical malpractice that results in decedent's death
Automobile or airplane accident
Occupational exposure to hazardous conditions or substances
Crime-related incident
Death during a supervised activity

Damages in a Wrongful Death Lawsuit

Pecuniary or financial damages This may include the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the decedent's death. If the distributees paid or are responsible for the decedent's funeral or medical care, they may also recover those expenses. Finally, a damage award will include interest from the date of the decedent's death.

Punitive Damages These are awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, or deter others from behaving similarly.

In addition to damages for wrongful death, the distributees may be able to recover damages for personal injury to the decedent. These are called "survival actions," since the personal injury action survives the person who suffered the injury. The representative can bring such an action together with the wrongful death claim, for the benefit of the decedent's estate.

In a survival claim, the jury may make several inquiries to determine the amount of damages, including the degree of consciousness, severity of pain and the apprehension of impending death, along with the duration of such suffering.