VEHICULAR accidents, dangerous premises, defective products, or harmful exposure to toxins – these are incidents caused by negligence that can lead to death. Under the law, damages may be recovered if 1) the other party was negligent and 2) the other party’s negligence caused the injuries or death.
Court litigation may have to be initiated in order to prove the negligence of the other party. If some negligence is established, the real challenge is how to measure damages.
How does the legal system value the loss of life to the spouse or to a family member left behind? First, there are economic damages such as medical bills and funeral expenses. There is also the loss of financial support that the decedent would have provided to the family but for the premature death.
Secondly, there are non-economic damages. How does one put a price on the loss of love, companionship or consortium, comfort, care, assistance, protection, affection, society, moral support and the loss of training and guidance? How should the family of the wrongful death victim be compensated? Not surprisingly, there are no easy answers.
Consequently, the relationship between the decedent and the family is relevant. An interesting thought, however, is how society measures the value of life in terms of costs spent in preventing these accidents. A recent article in the New York Times looked at how various government agencies answer the question.
The Department of Transportation (DOT) values human life at $6.1 million and has used this valuation to require car companies to double the roof strength of new vehicles, which it estimated might prevent 135 deaths in rollover accidents each year. The transportation industry, of course, had objected to this because making the change would cost them $800 million simply to save 135 lives. However, by passing this regulation the DOT has decided that the 135 lives saved (and the hundreds of injuries avoided) would be more valuable than the roofs.
The Food and Drug Administration (FDA) values human life from $5 million to $7.9 million. The $7.9 million valuation is the basis of its proposal to cigarette companies to put images of cancer victims on their warning labels. However, in requiring drug companies to put new labels on packages and bottles of acetaminophen and other drugs, its justification valued life at $5 million. A few months later, the agency added one new label to the required two new labels and argued that the benefits still exceeded the costs because the value of life was $7 million. In an unrelated rule regarding salmonella the agency once again cited a value of $5 million.
The Environmental Protection Agency (EPA) valued human life at $7.3 million when it issued clean air regulations and proposed limits on emissions from industrial boilers. Recently, it valued human life at $9.1 million in order to propose tighter restrictions on air pollution. The value may increase when trying to prevent cancer deaths. The EPA thinks people might place a higher value on avoiding a slow death from cancer than a quick death in a car accident. People may also place a higher value on the common good than on their own survival.
Despite the above guidelines from government, courts continue to struggle with the question of damages in wrongful death cases. Trying to put a price tag on a human life can become complex. Families should, therefore, proceed with knowledgeable and experienced legal help. The attorney who understands his or her clients, including their culture and language, can better articulate their true damages to a court or jury.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
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