Wrongful death occurs when a death is caused by an accident that was the result of someone else’s negligence. You can sue an individual person or a group of people, for example, a company, business, or government bureau for wrongful death. If you think that your loved one’s death fits in this category, you can make a wrongful death claim and, if you win your case, you will receive compensation for the death of your family member. This page will give you a basic guide to the wrongful death claim process.
In order to file a wrongful death claim or lawsuit, you must be related to the victim and you must be financially injured by the victim’s death. Generally, this means that spouses and children can file for a wrongful death lawsuit. In some cases, more distant relatives can sue, but spouses and children are generally the people who are financially impacted by death.
Proving Your Case
Once you have determined that you can file a wrongful death lawsuit, you must prove your case in order to receive compensation. You must prove that the victim died as a result of misconduct. This misconduct can be an inappropriate act or the failure to act. You furthermore must prove that the defendant either intended to cause harm or was being careless, and these actions contributed to your loved one’s death.
If you can prove that you were financially injured by the death of a relative and that the defendant’s negligence caused the death, you will be entitled to damages. The value of each claim will vary depending on the circumstances surrounding your loved one’s death. You could recover damages for your personal pain and suffering, the destruction of your earning capacity, other reasonable expenses, and the actual death of your loved one.
You can also receive compensatory damages for direct expenses such as funeral bills or medical bills, as well as long-term expenses. An expert will oftentimes calculate how much money the deceased would have made in his or her lifetime, and the defendant will owe you that money to compensate for your loss. Because of this, the damage awards in wrongful death lawsuits can be extremely high.
In addition to these types of damages, you might be entitled to punitive damages. These damages are designed to punish the person or entity responsible for their recklessness or their intentional wrongdoing. A jury will award these damages on a case-by-case basis.
Fight for Your Loved One!
If you have lost a loved one as a result of wrongful death, you are probably feeling shocked and overwhelmed. While you may want to put the experience behind you as soon as possible, you need to think about your financial future. Suffering from a significant loss of income or large medical/funeral bills is going to put a financial strain on you. For this reason, it is important that you seek compensation from the at-fault party.
It is important to know that you do not have to go through this process alone. By contacting a personal injury lawyer like me, you can rest assured know that someone with experience in cases similar to yours is helping you get the compensation that you deserve. A personal injury lawyer can help you through this difficult process and make it as stress free as possible. You can contact me with any wrongful death questions by calling my office.