If you have lost your loved one in a wrongful death accident, then it might not be your priority to take legal action. Still, for the sake of all the other members of the family, they need to hire a wrongful death attorney as soon as possible. You can Contact Kraseny Law for any information.
A wrongful death could cause a lot of emotional trauma to the loved ones, and even the whole family could face significant financial difficulties. Without the support of the deceased one, the entire family could face serious consequences. If they file a wrongful death lawsuit, then the compensation could somewhat ease the financial burden from them.
Definition of Wrongful Death
A wrongful death claim is a civil action for the survivors of the deceased family member who has passed away due to misconduct or negligence of others. The law allows the surviving family members to file a wrongful death lawsuit to seek monetary compensation for their losses. This lawsuit provides compensation to the relatives who depended on the deceased for emotional and financial support.
The Statute of Limitations
Every state has a different law related to the submission of a wrongful death claim. They have a time limit for the submission. This time limit is also known as the statute of limitations. If by any chance this time period expires, then the courts will no longer have the jurisdiction to punish the responsible one. You may not be able to file the lawsuit and receive compensation for your losses.
Elements of the Wrongful Death Case
Death will be called a wrongful death when the cause is a deliberate misbehavior, recklessness, or negligence of others. If an attorney wants to prove wrongful death, he or she has to prove the point that the individual had a duty of care to the deceased and his omission of care or a negligent or deliberate act has resulted in a breach in the standard of care and directly or indirectly caused the death.
Some of the most common causes of wrongful death are
- Car accidents
- Truck accidents
- Workplace accidents
- Medical malpractice
- Birth injuries.
Damages of a Wrongful Death
There are a lot of factors that will determine how much damages the survivors of the deceased will receive. These factors are
- The relationship between the survivor and the deceased
- The net income amount of the deceased
- The replacement value of the deceased person’s services
- The life expectancy of all surviving members
The relationship between the survivor and the decedent could entitle the survivor to certain benefits.
Spouse of the Deceased
If the surviving member is the spouse of the deceased, then he or she can recover compensation for the loss of companionship, mental pain, protection, and other sufferings.
Children of the Deceased
If the surviving member is a child of the deceased, then these minor children can seek compensation for the loss of parental companionship, guidance, instruction, protection, mental pain, and other sufferings.
Parent of the Deceased
If the surviving member is a parent of the deceased, then no matter if the child is minor or adult, any parent can seek compensation for the loss of mental pain, and other sufferings.
Each of the surviving families could recover the value of lost service and support from the date of the deceased injury to his or her death. They can get compensation with the interest and the future loss of service and support from the deceased to the surviving family members. They can even get compensation for medical and funeral expenses that you had to spend on the deceased before his or her death.
Along with these compensatory damages, the court can even choose to impose punitive damages. The punitive damages are paid when the situations are like where a party’s negligence, gross, or reckless actions result in wrongful death. According to the law, these damages serve to punish the offending party. A lawsuit can also discourage others from behaving wrongfully in the future.