When someone dies as a result of another person’s negligence, this may be classified as wrongful death. Determining all of the possible variables that can exist with wrongful death cases can be very confusing. Working with qualified and experienced wrongful death lawyers is a wise choice to make.
Who Can File A Wrongful Death Claim?
Wrongful death lawyers state that in general, wrongful death claims are reserved for those who are statutory beneficiaries of the deceased. This includes spouses, children, and parents.
What Can Be Claimed?
There are generally two main reasons for which a claimant can file a wrongful death lawsuit according to wrongful death lawyers – actual damages sustained by the plaintiff. Actual damages include: (1) pecuniary losses; (2) mental anguish, (3) loss of companionship and society, and (4) loss of inheritance. Pecuniary losses include lost of advice and counsel, loss of services, and expenses for psychological treatment..
In addition to a wrongful death claim, a survival action can be filed on behalf of the decedent by the legal representative of the decedent’s estate. Damages include (1) pain and suffering, (2) medical expenses, and (3) funeral expenses.
Determining Value Of Your Case
To determine an award amount, lawyers who handle wrongful death claims say that a jury considers a number of facts about surviving family members and their relationship with the deceased, both on a personal and financial level. Age, educational status, intelligence, health and life expectancy, income earning ability, and many other details are considered by a jury, along with the actual level of dependence and expected income from the deceased.
Your case may require the testimony of expert witnesses who have been retained by wrongful death lawyers to support a family member’s claim. This can help support the validity of the claim being made, both in terms of quality and relationship with the deceased. Exemplary damages can be awarded by the court, resulting from cases involving an intentional act or gross negligence that serves as punishment to the responsible party.
For those who are suffering through the difficult experience of losing a loved one and facing financial issues after a wrongful death, working with an experienced wrongful death lawyer is recommended. A consultation with surviving family members can help determine if a wrongful death claim is possible. Losing a loved one is difficult enough – let a lawyer experienced in handling all of the many issues associated with a wrongful death claim help you receive fair compensation for your loss.