Losing a loved one due the fault of another is never an easy thing to take.

It rips our heart right out of our chest.  When we file a claim or lawsuit for our loss, we naturally think the law will compensate us for our pain, frustration, grief and anger.  However, we are wrong.  The law specifically states that we are not entitled to compensatin for grief, sorrow, mental anguish, or pain and suffering.

Our damages are limited to the following:

• Financial support that our loved one would have provided if he or she had not been killed;

• The loss of gifts or benefits the loved one would have provided;

• Funeral and burial expenses;

• The reasonable value of household services the loved one would have provided;

• The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support;

• If appropriate (husband and wife), the loss of sexual relations; and

• If appropriate, the loss of training and guidance.

Each of the above elements must be proven to a preponderance of the evidence, which is roughly defined as more likely true than not.

In upcoming articles, I will address the various burdens of proof acknowledged under the law and I will discuss who has the right to make a claim for the loss of a loved one.

If you have any questions regarding this post or your personal injury situation, please feel free to contact my office by e-mail or telephone.  I will respond to your inquiry and answer all your questions.  Or, you can simply make an appointment to see me, which is always free.

Call me at 760-683-2048 or email in the box below