Wrongful Death
Dealing with the death of a family member or loved one is always difficult; however, when one suffers a loss due to a negligent or wrongful act, the suffering is often elevated by issues of anger and further emotional distress. Misconduct or negligent actions that contribute to a person’s death is classified in legal terms as wrongful death. When a wrongful death occurs, the family of the victim can sue the person or entity liable for the death.
Wrongful Death Claim Damages
Damages in a wrongful death claim are primarily awarded based on financial loss. These may include medical and funeral expenses. Pecuniary damages are those that one may receive in the event that the deceased was providing some type of financial support or service, and may be considered as well. Some laws also provide compensation for pain and suffering for survivors or decedents of wrongful death victims and other types of personal injury. These are referred to as survival actions. Punitive damages may be awarded in cases that involve malicious acts or wrongdoing. These types of damages punish those at fault and encourage others to act more reasonably in similar cases. Not every state allows the recovery of punitive damages, and in cases where there is no explicit statute, awarding them may be left to the discretion of a court. A qualified personal injury attorney can help you understand the laws pertaining to your case.
Special Considerations
Special considerations to keep in mind when deciding to pursue a wrongful death claim include time limitations, legal provisions regarding children and the elderly, firefighter death and civil versus criminal actions. Many states have strict statutes of limitations for filing a claim. Unfortunately, because financial loss is often a primary factor in calculating damages, for child and elderly wrongful death victims, there may not be a cause of compensatory action in the eyes of the law. Some may choose to pursue criminal actions in addition to civil for wrongful death cases involving malicious or criminal acts.
Proving a Wrongful Death
Proving that a person’s death was the result of a negligent act can be difficult. Claims may come from various types of situations, including vehicle accidents, work-related accidents, medical malpractice, criminal actions, and others. Attorneys with experience in successfully handling wrongful death claims can help establish liability in a personal injury case.
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