Too many times the misconduct or negligence of someone can cause a wrongful death. This is a very traumatic experience for the family of the deceased. They may be able to file a lawsuit. This action would be taken to obtain compensation for the losses experienced by them. Survivors may be entitled to receive compensation for a number of different types of damages resulting from the death of a loved one.
Filing A Claim
The survivors of the deceased who have an established a relationship can choose someone to represent them in this legal action. This action will often be filed with a court by someone who has been chosen to represent the estate of the victim such as a personal injury attorney.
Lawsuit Elements
When proving a wrongful death lawsuit, certain elements must be present. A person must have died and it has to have been caused by the negligence or misconduct of another person or entity. Survivors of the deceased must be suffering due to the death of their loved one.
Situations
This type of death can be caused by medical malpractice as well as during a supervised activity that is job-related and more. It could also result from an airplane or vehicle accident as well as criminal behavior.
Compensatory Damages
Actions can be taken to provide compensation for financial or pecuniary damages. These are considered the loss of financial support as well as loss of possible future inheritance, funeral as well as medical and other expenses. These are damages that can be calculated. It can also cover compensation for pain and suffering, loss of companionship and more that is not easily calculated.
Punitive Damages
There are situations where the circumstances surrounding the death of an individual are caused by significant malicious wrongdoing. This is compensation intended to punish the defendant who is guilty of serious negligence as well as intentional misconduct.
Determining Compensation
When compensation is determined, there will be many factors considered. Things like the deceased person’s character, age, earning capacity, life circumstances, health at the time of death, and more.
In these types of cases, it is the plaintiffs or the survivors of the deceased who will be responsible for proving the claim. They will have to show how their lives have been damaged by the loss of the deceased. An experienced personal injury attorney will have the experience and understanding required to get the deceased survivors fair and adequate compensation.
