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What damages are available in a wrongful death case?

If a Honolulu resident loses a loved one in a tragic negligence or recklessness-based accident, then they may have the right to sue the party or parties who caused their loved one's passing. Spouses, children, parents, personal representatives and individuals who relied on the victim for financial support may all have rights to initiate these legal claims. When a wrongful death lawsuit is filed the pleading parties may seek a variety of damages.

In Hawaiian courts, surviving victims in wrongful death cases may seek their pecuniary losses as well as their losses related to the surviving victims no longer receiving the decedent's love and affection. Pecuniary losses are those that may be quantified with a dollar amount, such as the medical costs associated with attempting to keep the decedent alive or the expenses needed to pay for their funeral. Losing the decedent's love and affection may be grouped into different damages' categories.

A spouse may note their losses based on no longer having their partner's companionship, consortium, care, attention or counsel. A child may base their nonpecuniary losses on no longer having their parent to provide them with filial attention or care or from no longer having their parent around to teach, guide or train them for their futures.

Pleading damages in a wrongful death claim is an important part of emerging from such a legal matter with the surviving victims' needs addressed. Damages from personal injury-based cases can help victims move their lives forward when they suffer the unimaginable blow of losing loved ones who emotionally and financial support them. Personal injury attorneys may be consulted to advise on how best individuals may prepare their wrongful death pleadings and damages' claims.

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Turbin Chu Heidt Attorneys at Law
737 Bishop Street
Suite 2730
Honolulu, HI 96813

Phone: 808-379-3586
Phone: 808-528-4000
Fax: 808-599-1984
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