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If you have lost a loved one due to someone else's fault you may be able to recover damages in a wrongful death case. It is very important to discuss your case with a wrongful death attorney from your area because the relevant statutes are different in every state, however there are many common features that will be discussed in this article.
In most states parents, children and spouses of the deceased can file a wrongful death lawsuit. Some states also allow other relatives to file a suit. A wrongful death case can arise from a negligent act such as a car accident or an intentional homicide.
Four conditions must be satisfied to successfully pursue a wrongful death case. The death must have been caused in whole or in part by the defendant. The defendant must have been engaged in negligent behavior or be held strictly liable for the action which caused the death. The plaintiff must have been a beneficiary of the deceased. The plaintiff must have suffered monetary damages as a result of the deceased persons death.
Figuring out what compensation is due in a wrongful death case is extremely complicated and is governed by different laws in different jurisdictions. An experienced wrongful death attorney who is familiar with the local laws is essential for estimating how much compensation you deserve. Many factors contribute to the total compensation that can be awarded in a wrongful death case.
Damages that can be compensated can include direct costs such as medical expenses and burial costs incurred. Some states also allow you to collect for loss of companionship and emotional hardships. Factors concerning the relationship between the plaintiff and the deceased also influence the amount of damages awarded.
Plaintiffs also receive compensation for lost financial benefits that they would have received from the deceased. Calculating this value depends on the deceased persons earnings prior to their death and their expected future earnings. A wrongful death lawyer will typically speak with expert witnesses to determine expected earnings.
If the deceased was a child the law allows the parents or guardian of the child to sue for wrongful death. In these cases, it can be particularly difficult to calculate the damages suffered. Parents can be compensated for loss of love, support and companionship that the child would have supplied throughout his or her life. Furthermore, compensation can be provided for economic benefits that the child would have contributed as an adult. However, in many states the cost that the plaintiff would have spent educating and supporting the child are deducted from the damages awarded.
Another complicating factor is deciding how the damages should be allocated between members of a family. Many states have statutes which determine how such money is allocated. However, it is important to discuss these matters openly with all relevant members of your family and with your wrongful death attorney.
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