Losing a loved one is an incredibly difficult and painful experience. When the death was caused by someone else's negligence or wrongdoing, the tragedy becomes compounded by feelings of injustice. While no amount of money can ever replace a life, families affected by wrongful death may be entitled to compensation for medical bills, funeral expenses, lost income, and other damages. In this article, we will discuss wrongful death claims, the damages that may be awarded in such claims, and how to pursue legal action.
What Types of Compensation Are Available in Wrongful Death Claims?When a loved one dies as a result of someone else’s negligence or wrongful act, the surviving family members may have the right to seek compensation in a wrongful death claim.
Compensation can help cover medical bills, funeral expenses, lost wages, and other losses caused by the death. The types of compensation available in wrongful death claims may include medical expenses, funeral and burial expenses, lost wages, pain and suffering, loss of companionship, loss of consortium, and punitive damages. Medical expenses are typically used to cover the costs of medical treatment and hospitalization that the deceased incurred prior to death. Funeral and burial expenses are intended to cover the costs of funerals, burials, and other related costs. Lost wages refer to the deceased’s lost income, such as wages, salary, and benefits. Pain and suffering compensation is awarded to the surviving family members for their own physical and emotional suffering due to the wrongful death.
Loss of companionship refers to the loss of care, comfort, love, and protection that the deceased provided to the family. Loss of consortium is intended to compensate for the loss of sexual relations between a spouse and their deceased partner. Finally, punitive damages are awarded if it can be proven that the wrongful act was intentional or grossly negligent.
How Can I Pursue a Wrongful Death Claim?In order to pursue a wrongful death claim, it is necessary to hire a legal representative. A lawyer can review the facts of the case and help to determine who is liable for the death.
The lawyer will then work to negotiate a settlement with the at-fault party’s insurance company or take the case to court if necessary. When hiring a lawyer to pursue a wrongful death claim, it is important to ensure they are experienced in this type of law. It is also important to ask questions regarding their fees, success rate, and any other relevant information. The lawyer will work with the surviving family members to gather evidence that supports the claim.
This evidence may include medical records, eyewitness accounts, and police reports. The lawyer will also review any contracts, insurance policies, and other documents that may be relevant to the case. Once the evidence has been gathered and reviewed, the lawyer will attempt to negotiate an out-of-court settlement with the at-fault party’s insurance company. If an agreement cannot be reached, the lawyer will file a wrongful death lawsuit in court.
The lawsuit process typically involves a trial before a judge and/or jury. During the trial, both sides will present their evidence and arguments. The jury will then decide whether or not the defendant should be held liable for the death. If the jury finds in favor of the plaintiff, they may award financial compensation for medical bills, funeral expenses, lost wages, and other damages caused by the death. Losing a loved one due to someone else’s negligence or wrongful act can be devastating for surviving family members.
A wrongful death claim can help provide compensation for medical bills, funeral expenses, lost wages, and other losses caused by the death. If you believe you have a valid wrongful death claim, it is important to contact an experienced lawyer as soon as possible in order to ensure that you receive the full compensation that you are entitled to.