- In accidents
There is likely no positive reason that one would seek out the services of a funeral home. Unfortunately, sometimes it is necessary to hire a funeral home to help honor someone dearly departed. And just like any other type of business, some reason may arise that a customer or visitor of a funeral home finds it necessary to bring a lawsuit against the business’s proprietors. Read on to learn more about what type of California lawyer to hire when seeking to bring a claim against a funeral home.
Someone seeking to sue a funeral home will likely be looking for a civil law attorney. However, civil law is a wide field with several types of specialties. Some civil attorneys specialize in employment law, while others may specialize in worker’s compensation. Some may specifically practice medical malpractice, while others may handle personal injury claims in general. An attorney working on eviction would technically be practicing civil law, whether they were representing the landlord or the tenant. If someone were seeking to sue a funeral home for emotional damages, they would be looking for a civil torts lawyer. This can include personal injury and general claims for negligence that don’t necessarily involve physical injury.
In California, a plaintiff can sue a defendant for negligence and claim emotional distress as damage. The infliction of emotional distress can be considered intentional or negligent. The terms for each of these are Intentional Infliction of Emotional Distress, or IIED, and Negligent Infliction of Emotional Distress, or NIED. It is easier to prove why compensation is necessary for an IIED or NIED claim if there has been a physical injury, but this isn’t completely necessary.
Types Of Collectable Damages
Due to a funeral home’s negligence, missing work wages can be demanded in a future civil claim. This includes if the plaintiff had PTO to cover the time missed from work due to the funeral home’s negligence.
Lost Earning Potential
Extremely serious injuries can permanently damage someone’s ability to advance within their career path. This type of damage can be open to interpretation, so it can take a skilled injury attorney to obtain a fair settlement for this damage. Recovering this form of damage may also require expert testimony from one or more medical providers and industry professionals.
If a funeral home’s negligence causes someone physical injury, they can also be pursued for the plaintiff’s medical bills. If the plaintiff expects to incur medical expenses due to the incident after the statute of limitations expires, they should request their anticipated future medical expenses in their demand. It is preferable to complete medical treatment before bringing a civil claim for negligence, but not always possible under varying circumstances.
Pain And Suffering
The victim of a funeral home’s negligence deserves compensation for the associated physical and emotional struggles. The plaintiff must request an adequate amount for this damage as it can often be one of the greatest damages in their lawsuit. There are several ways to calculate a financial value for the plaintiff’s pain and suffering. One of the most frequently used methods is the multiplier method. To use the multiplier method, the plaintiff should add up the rest of their damages and choose a multiplier based on the severity of their injuries. The multiplier is usually between one and five.
Sustained an injury by a funeral home? Law Offices of Samer Habbas & Associates can clarify your legal options. To schedule your initial case consultation, call 888-848-5084 or visit our website today.
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