Accident victims have the right to file a personal injury claim and get compensation for their losses. But what if an accident becomes fatal? In such unfortunate circumstances, a wrongful death lawsuit can assist surviving family members in obtaining compensation from those responsible. It is wise to look for a wrongful death attorney who can assist you in recovering the losses in a wrongful death case.
This article will explain what a wrongful death case is and what sorts of damages the surviving family should be able to recover.
What is a Wrongful Death?
A wrongful death lawsuit is one that is filed by the family members of a victim when the individual dies, and the death results from the negligence or misconduct of another person. This makes it possible for some of the next of kin or an administrator of the deceased’s estate to claim compensation for the loss incurred.
To succeed in a wrongful death claim, the family members must prove:
- The defendant’s conduct was negligent or that the defendant intended to harm the plaintiff.
- This negligent or harmful conduct directly led to the death of the victim.
- A lot of damages were incurred by the loss of their dear one.
If the claimants can prove these elements, the court may grant them damages, or the responsible party may provide a payout. The wrongful death lawsuit is therefore meant to assist the survivors in seeking compensation in case their loved one dies due to the legal fault of another party. While it will never compensate for the loss of this young lady, the court seeks to offer some measure of redress to the family’s sorrow and financial hardship.
Types of Losses People Can Recover in a Wrongful Death Lawsuit
When a close one dies in a young age or in suspicious circumstances, then the survivor of the deceased person may look for compensation. The three types of losses the family can recover in a wrongful death lawsuit are as follows:
Funeral and medical expenses
Someone’s unfortunate death frequently results in significant financial expenditures. There may be medical expenses associated with their transfer to a hospital following an event and end-of-life treatment. Other times, someone may have weeks of medical bills that accumulate before their death. There are additional fees associated with holding a memorial ceremony for the dead. Cremation and burial costs might also add to the overall value of a wrongful death claim.
Lost wages
If the deceased individual had not died, they may have had decades of earning potential. Families can seek recompense for someone’s lost future earning potential, including the value of benefits and anticipated future income rises as a result of promotions and raises. A lifetime of lost earning potential can significantly raise the overall financial worth of a wrongful death claim.
Loss of Benefits
Your loved one’s job may have included benefits like health insurance, retirement savings, or pension plans. When they die, these advantages are also lost. You can seek compensation for these lost benefits as part of your wrongful death lawsuit, which can be used to meet future medical expenses or other financial requirements.
Punitive Damages
In some cases, the person or company responsible for your loved one’s death acted in an especially reckless or careless way. In these situations, you may be able to recover punitive damages. These are additional payments meant to punish the wrongdoer and discourage others from acting in a similar way. While they are not always awarded, punitive damages can add a significant amount to your recovery.
To Sum Up
The surviving family can seek compensation in a wrongful death case as a one-time lump amount or as a structured settlement. A structured settlement provides for regular, ongoing payments to the survivors over months or years, ensuring that they have a consistent income. Insurance companies are more prone to pay in lump sums. If there is no insurance, defendants can pay over time through a structured settlement.
If you are filing a wrongful death claim, you need to hire an attorney. These instances emerge when a terrible accident has permanently altered your life and claimed the life of a loved one. In other situations, the payout might amount to millions of dollars. You need an expert attorney to help you navigate the legal system and defend yourself.
