Accidents can happen anytime, and some are unavoidable. However, when this accident results in death due to negligence or misconduct of another person, the surviving victim’s family can sue for wrongful death. Knowing what to do when your loved one dies in such a situation is crucial. The surviving family often goes through challenges such as pain and suffering and accumulated medical bills, which can drain the amount they have. By filing for wrongful death, they can get compensation for all their losses. The wrongful death will require the surviving family to present evidence showing that the person died due to negligence by another party.
Filing a wrongful death lawsuit is very complicated, as you need proof beyond a reasonable doubt. Further, you need to hire a wrongful death lawyer to help you file the lawsuit and get the right compensation. The article will explore more about wrongful death and what it involves.
The Elements of Wrongful Death
Filling out a wrongful death is complicated. You must ensure you follow the right procedure to establish a strong case. Some of the elements that you should present are
- The death that occurred involved a human being
- The cause of death results from the negligence of another person or intent to cause harm.
- The appointment of a personal representative for the decedent’s estate
- Proof that the surviving family is suffering both monetary injury as a result of the death of the loved ones
Instances that Can Lead to Wrongful Death
Several things can lead to wrongful death. Some of the instances are
- Airplane or automobile accident
- Criminal behavior
- Death occurring during a supervised activity
- Medical malpractice that leads to wrongful death
- Occupational exposure to hazardous substances or conditions
It’s important to note that the wrongful death should be filed within the statute of limitation. However, this will be different depending on the state of the death. You should also note some instances have no specific limit due to the discovery rule.
What are the Damages in a Wrongful Death Lawsuit?
There are various damages the surviving family may suffer. Hover, these damages can be financial or pecuniary, which is often considered as a measure for the wrongful death action. The pecuniary injuries include loss of support, loss of prospect of inheritance, funeral expenses, and medical bills. The surviving family will be compensated for the pain and suffering. This will be determined by the various factors that the court can consider.
How to Determine Pecuniary Loss
When determining pecuniary loss, various factors, such as age, earning capacity, life expectancy, the decedent’s condition, character, and the distributes’ circumstances, should be considered. Determining the compensation for the pecuniary loss can be complicated as there are a lot of inquiries that need to be done.
The major determinant for the compensation is the decedent’s circumstances at the time of death. If an adult wage earner dies and has dependents, the major calculation for compensation will be determined by the loss of parental guidance and income.
Wrongful death can have a significant effect on the dependents of the deceased. It’s essential t