Many situations which include an unexpected death can result in a wrongful death settlement legal action. It needs to be shown that the death was caused by poor judgment, or insufficient care was involved in the death.
Are You Dealing With Wrongful Death?
Defined as “the taking of the life of an individual resulting from the willful or negligent act of another person or persons,” a wrongful death lawsuit is one of the most heart wrenching and challenging types of lawsuits. Any sudden death is difficult and traumatic for the ones left behind, but when the death is through no fault of the one who dies, it is particularly devastating.
What Must Be Proved In A Wrongful Death Suit?
Generally, one or more of the following must be proved to be successful:
- Intentional act
- Liable action
- Extent of the heir’s damages
The difference between a civil wrongful death lawsuit and the criminal proceedings, is the use of similar evidence; however the standard of proof regarding the evidence is lower. It does not necessarily matter if a person has been convicted in a criminal court of law or not convicted – a wrongful death settlement is completely different.
Who Can Sue In A Wrongful Death Lawsuit?
A wrongful death lawsuit is brought on by an immediate member of the deceased individual’s family. The laws vary from state to state as to which family members and how many may sue for wrongful death.
The following order of claimants can be used as a guide to determine where you might stand in a wrongful death claim:
1. Spouse and children
2. Parents, brothers, and sisters
3. Minors who lived with the deceased and received 50% of the support
What Are The Montary Damages In A Wrongful Death Lawsuit?
The amount of damages that can be collected in a wrongful death suit vary based on a number of factors that pertain to the deceased and include:
- Life expectancy
- Earning capacity
- Medical and funeral expenses
- Other factors that shows how the plaintiff would have benefited from the deceased
What To Expect From A Wrongful Death Lawsuit?
There are several different areas which will be covered in any potential settlement. It may be possible to claim for emotional injuries caused by the loss of your loved an accident. Establishing what to expect in terms of ongoing and future medical care for those injured will be a large part of the lawsuit.
It is common to claim for mental and or emotional injuries. You may be entitled to compensation for any loss of wages you experienced as well due to the inability to work. In addition, you may also be able to make a claim for other losses from the accident, such as damage to clothing or personal property.
In the instance of a wrongful death settlement, it is imperative to have a personal accident attorney to represent your best interests. Jeffrey Dawson will provide the surviving family all the necessary information in order to make a well informed decision in a wrongful death lawsuit. He has experience working to obtain damages for the victim’s family or beneficiaries which may include: loss of earnings, pain and suffering, mental anguish to the survivors, plus general and punitive damages.