Unfortunately, some accidents can be very serious. They can result in the death of someone close to you. Alternatively, complications after an accident and issues in treatment can lead to the death of a loved one. If you are trying to recover from the death of a loved one that was the result of an accident, you might be wondering if someone else is at fault for the loss of your loved one. In some cases, death is considered wrongful death under the law. In these cases, a wrongful death lawsuit can be filed by the deceased’s family, on behalf of the deceased party. If you think that your family might be in a situation like this, you can learn more about wrongful death here.
What is Wrongful Death?
If a person dies as a result of someone else’s negligence, this is considered wrongful death. For example, if your loved one was crossing the street and a drunk driver hit and killed them with their car, this is considered wrongful death. Another example might be medical malpractice that occurred while your loved one was being treated for injuries related to an accident.
In cases such as these, someone else caused your loved one’s death, even if they did not mean to. Their actions resulted in death, and your family can be compensated for your loss. Sometimes, criminal charges may be filed against the at-fault party, for example in the case of murder. However, in the case of an accident, a wrongful death lawsuit might be the only action taken against the at fault party. This is a civil case that will act separately from any criminal cases that are involved in the situation.
While it can be difficult to think about filing a lawsuit while you are mourning the death of a loved one, there are benefits to filing a claim. First, it can help you get justice for your loved one and it can help your family get closure for what happened. Secondly, the compensation that is owed to your family can take the financial burden off of you while you go through this difficult experience. Hospital bills and funeral costs can be expensive, and compensation can help pay for them. In addition, if you depended on your deceased loved one financially, the at fault party may pay compensation to make up for loss of income from your deceased loved one.
Damages to Recover
There are a few different types of compensation that you and your family might recover in a wrongful death lawsuit. First, there is pecuniary compensation, which can make up for financial loss of a loved one. Some examples of pecuniary losses include:
- Loss of services
- Medical bills
- Funeral expenses
- Loss of support
- Loss of prospect of inheritance
When determining how much money should be recovered for these losses, factors such as the deceased’s age, earning capacity, health, life expectancy, and more will come into play.
Pecuniary damages will go to you and your family. The at fault party may also be asked to pay punitive damages. This is a large fine that is meant to deter the person from acting with negligence in the future. Some states allow the recovery of punitive damages, while others do not.
Getting Help
Facing the sudden death of a loved one is a terrible thing to go through. If you want to file a wrongful death lawsuit to recover damages for the loss of your loved one, please consider contacting my office. I can handle the case while you focus on helping yourself and your family heal from this experience.
