Types of Damages Surviving Family Members Can Recover Through a Wrongful Death Lawsuit
A family member’s death is always a painful experience. But dealing with this death can be harder if it resulted from the negligence or wrongdoing of another person. In this case, you may be able to file a wrongful death claim to recover compensation from the responsible party.
If a loved one’s death resulted from the negligence, recklessness, intentional, or wrongful actions of another individual, it is considered wrongful. The party responsible for your loved one’s death should pay for the losses they caused your family. Through a wrongful death claim, you recover damages to cover the expenses you have to bear as well as for the loss of advice, love, and companionship. To know more about your legal options and rights, schedule a free initial consultation with a wrongful death attorney.
Strengthening Your Case
To have a solid wrongful death claim, you must prove your loved one’s death directly resulted from the other party’s failure to take reasonable care. You must establish that this party had a duty of care, breached this duty, and caused your loved one’s death, and you sustained damages because of this death. So, make sure you can provide evidence that the death of your loved ones brought on both economic and non-economic damages for your family.
Who Can File for a Wrongful Death Lawsuit
A wrongful death lawsuit can be filed by the deceased person’s spouse, child, or parent. If the deceased person didn’t have a spouse, parent, or child surviving them, another blood relative may be able to file a claim. But this relative should have been named as a court-appointed or personal representative of the deceased person’s estate.
The Damages You Can Seek
The kind of damages you can recover through a wrongful death claim depends on the specific circumstances that caused your loved one’s death. But generally, you can be compensated for funeral expenses, lost wages, medical expenses, pain and suffering, and loss of consortium.
The deceased person’s age when they died and their life expectancy can be significant factors that the economic damages will be based on. For instance, if a young child lost their parent due to other people’s negligence, they can award higher compensation due to the loss they sustained in terms of their deceased parent’s lost wages. A wrongful death attorney will ensure the surviving family member will secure maximum compensation from the party responsible for their loved one’s death.