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How to calculate damages in a nursing home wrongful death case

Experiencing the loss of a loved one due to medical malpractice in a nursing home is devastating. Understanding how to calculate the damages you’ve suffered is essential for seeking justice. In California, damages range from economic to non-economic types.

Economic damages

Economic damages in a wrongful death case are measurable financial losses. These include medical expenses for the deceased’s care due to malpractice, and costs for the funeral and burial. One must also consider the loss of financial support, which estimates the income the deceased would have given to their family.

Professionals look at the deceased’s salary, work benefits, and past earnings to calculate these amounts. This calculation looks at how long the deceased might have lived and how much they could have earned. Economic damages also cover benefits like pensions, health insurance, and possible inheritance. 

Non-economic damages

Non-economic damages compensate for intangible losses. These often include emotional pain and loss of companionship experienced by the family. They also account for the absence of guidance, care, and nurturing the deceased would have provided. Emotional distress, the mental anguish and suffering of surviving family members, is also a crucial factor.

Measuring these damages is more challenging than measuring economic costs. It depends on factors like the relationship between the deceased and survivors, the age of the survivors, and the type of loss experienced.

Legal limitations and considerations

California has laws that deal with wrongful death claims. One important law is the Medical Injury Compensation Reform Act (MICRA). It limits non-economic damages in medical malpractice cases to $250,000, but there’s no limit on economic damages. This shows how important it is to calculate all possible financial losses accurately.

Final steps

Calculating damages in a wrongful death case from nursing home malpractice includes precise financial assessments and careful evaluations of emotional losses. It’s crucial to consult with a legal expert who specializes in wrongful death claims.

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