Filmmakers of Expendables II Sued for Wrongful Death in California Court

September 27, 2012

A new blockbuster action movie, The Expendables 2, received some unexpected media attention recently when the family of a stuntman who passed away during the filming of the movie filed a lawsuit against the filmmakers. While filming in Bulgaria, the young stuntman was performing a stunt on a boat when an explosion near the boat caused severe injuries that ultimately led to the young man's death.

His parents are suing Nu Image/Millennium Films and the stunt coordinator for over $25,000 in damages. The family alleges the filmmakers were negligent and failed to protect the stuntmen.

The parents are seeking monetary compensation to cover the cost of funeral expenses in addition to the "loss of society, love, comfort, attention, services and support" from their son.

Wrongful Death in California

California state law allows family members to file lawsuits like the one described above, known as a wrongful death claim, when the victim's death was the result of another person's action or inaction described as either an intentional or neglectful act.

A family member may have a wrongful death claim in a number of circumstances, including:
-Medical malpractice
-Car or truck crash
-Criminal behavior

This lawsuit can be filed by a surviving spouse, domestic partner or child of the victim as well as parents and, in some cases, extended family members.

Although there is a wide array of situations for which a wrongful death lawsuit may be initiated, the ability to file this type of lawsuit is limited. A time restriction called the statute of limitations requires that the suit be filed no later than two years after the accident that resulted in the victim's death.

Establishing a Wrongful Death Lawsuit and Award

A wrongful death lawsuit is designed to allow loved ones the ability to receive compensation for the financial support, love, guidance and other assets the victim would have provided if the victim was not killed. As a result, in order to establish a wrongful death case, survivors need to show that their finances are negatively impacted due to the death.

Once established, the court will take a number of factors into consideration to determine the financial impact of the loss. This calculation can include a review of the victim's age, life expectancy, health and intelligence along with other factors to develop an estimate of the victim's potential future income.

In severe cases, punitive damages may also be awarded. Punitive damages are intended to punish the offender and may be used when the wrongdoing that led to the death was malicious or intentional.

If you lost a loved one due to the negligence or wrongdoing of another, you may be able to establish a claim of wrongful death. Contact an experienced wrongful death lawyer to discuss your situation and better ensure that your legal rights and remedies are protected.

Article provided by Taylor & Ring
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