As the victim of neglect and abuse, your loved one may have also been the victim of wrongful death. If a caretaker neglected or abused your loved one and they passed away as a result, they might be the victim of wrongful death. If your loved one was the victim of wrongful death, this is probably a very difficult time for you. While you are probably overwhelmed, your family might be entitled to compensation. You can learn more about wrongful death and compensation here.
Proving Wrongful Death
To file a wrongful death claim or lawsuit, you must fulfill two factors. First, you have to be related to the deceased. Secondly, you have to be financially dependent on the deceased. In most cases, this means that wrongful death claims are filed by spouses or children of the victim. Sometimes, more distant relatives can sue the person responsible for their loved one’s death. But, spouses and children are the ones most often impacted by death.
If you’d determined that you can file a wrongful death lawsuit, you have to prove your case. This is the only way that you can receive compensation. You have to prove several elements. First, you must prove that the victim died because of someone else’s misconduct. This misconduct might be an inappropriate act or the failure to act. Second, you have to prove that the defendant either intended to cause harm or was being careless. You must prove that these actions contributed to your loved one’s death.
If you can prove these elements, you will be entitled to damages. The value of each claim will vary depending on the circumstances involved. You could recover damages for your personal pain and suffering. Or, you might get compensation for the destruction of your earning capacity. Compensation can be rewarded for other reasonable expenses and the death of your loved one. You can also get damages for direct expenses resulting from the death. These expenses include funeral bills or medical bills. They also include long-term expenses.
In addition to this compensation, you might be entitled to punitive damages. These damages are designed to punish the person or facility responsible for their actions. Whether the actions were intentional or unintentional, they resulted in death. A jury can award punitive damages to make sure that the at fault party is more careful in the future. A jury will award these damages on a case-by-case basis.
Losing a loved one can be a very difficult experience. It might be even more difficult if their death was the result of someone else’s actions. In order to take care of yourself financially and heal from this experience, you might be interested in filing a wrongful death claim. If you need help doing this, contact an attorney.