Wrongful death happens when a person dies due to carelessness or misbehavior of another person. An injury or wrongful death case lawsuits can be filed by the aggrieved parties. Who are the injured parties? They are representatives of the Estate, acting on behalf of the heirs or the family of the victim.
Legal Procedure in Handling a Wrongful Death
Every state has a set of laws for wrongful death cases which is the procedure to follow in filing a lawsuit. The representative of the estate will bring to the proper court how the injury or death occurred, including the damage claims. A claim for the compensations and charges must be proven entirely to the court. There are many instances when a criminal will be set free because the prosecution was not able to prove beyond reasonable doubt that he caused the death of the person. If a doctor is sued for wrongful death due to medical malpractice, even if it happened, if it is not proven then he is free to walk away from jail.
What is a Wrongful Death?
The elements of a wrongful death cases lawsuit include the death of a person due to negligence or carelessness and the surviving family members who have suffered a loss of a gainfully earning family member.
Wrongful death cases may be accidents caused by air, land, and sea; accidents which happened in the place of work (e.g., fall or fire); medical malpractice; death due to crime.
What Are the Damages?
There are two categories of damages covered. The first category allows claims due to the deceased prior to his death until the moment of his death. An example: A person dies in a plane crash. The representative can claim for damages which include person’s medical expenses, lost wages, his physical and mental pain, loss of income and expenses like burial and interment. All these are translated into an amount of money. The second category includes the losses experienced by the heirs or the losses they will experience in the future. This is meant to pay the heirs the amount of money they lost after his death. Other states also compensate for deprivation of love and companionship from your loved one due to death.
Who Are Typically Awarded?
The court determines the award based on different factors. The claims for this case are granted to a spouse, children, and parents. The spouse will be awarded due to loss of companionship and damages due to mental and emotional anxiety. Minor children will be awarded the damages due to loss of a parent who has given them love and support. Parents who lost their minor children will be awarded damages for loss of love and comfort. All these damages are translated into financial compensation as determined by the court.
It is painful to lose a loved one, but it is also more painful if you lost what you can claim from losing a loved one. Go to a lawyer who specializes in wrongful death cases and lawsuits.