Someone’s negligence or misconduct can cause a wrongful death. Family members or survivors can file a lawsuit against the guilty to compensate for funeral charges, lost income, or companionship loss (emotional and psychological). That means you should take a step if you or your close one lost a dear one due to the irresponsible behavior of the other person. It can be a case of medical malpractice, car accident, slip and fall, etc. Those who can legally benefit from such incidents include parents, spouses, and kids. However, every state has unique systems and methods for filing with certain similarities.
To proceed, survivors or closest kin should first meet expert personal injury litigators. They can assist with evidence collection, containing police reports, medical history, eyewitness testimony, etc. After this, they will file a case against the at-fault person for damage claims for burial and funeral expenses, medical bills, and lost income. You can claim damages under three sections, such as punitive, economical, and non-economical. Let’s delve more into these and other aspects.
Compensation for the type of loss available for surviving families
Economic damage claim focuses on a survivor’s financial trial due to the loss of the dear one, including funeral and medical expenses, loss of monetary contribution, etc. Non-economic damages are primarily intangible and emotional. You seek compensation for loss of companionship, pain, suffering, emotional trauma, and deteriorated life quality. These experiences go beyond the financial realm, but one must consider them when seeking justice. However, if the at-fault person had intentionally harmed the deceased person or due to negligence, it calls for a punitive damage claim. Punitive damages usually involve punishment pronounced by the court.
Different events leading to wrongful death
Families can lodge a civil claim against the defendant. If your dear one has died because of a medical practitioner’s fault, such as doctors or staff, it will be an act of negligence or inability to perform one’s duty. Car accidents can also cause wrongful death due to the failure or irresponsible behavior of the driver at the wheel. Suppose the driver was drunk or high, and his reckless driving cost your loved one’s life. Each scenario is different, but the reason behind an individual’s death is mostly someone else’s negligence or wrong actions. No matter the case, it is essential to prove the defendant’s intent or negligence, which only local lawyers can do.
There is a deadline under which one must initiate the legal process for wrongful death to get justice. You can call it statutory limitations. It will help if you abode by the timeframe to avoid a loss of compensation claim. The court may not take up your case, and your loved one’s death may go uncompensated, forcing you to live with financial and emotional baggage. You can easily avoid such risks by consulting your lawyer promptly. They will update you about the statute of limitations relevant to your jurisdiction and help you file documents on time. Lawyers can also get extensions for case filing, as they know legalities better than anyone else. So, please find a reliable advocate in your city.