It is always a tragedy when a fatal accident occurs due to negligence or carelessness. When it harms a member of your family, it is even worse.
When your family member passes due to negligence, you are left looking for someone to take responsibility and offer a measure of restitution. It is what wrongful death lawsuits are for.
If someone in your family has passed due to someone else’s carelessness and negligence, you can file a lawsuit against the defendant to seek appropriate redress. Consider many factors when filing wrongful death lawsuits.
Read on and walk through everything you need to know.
Table of Contents
1. Degree of Negligence
Establishing the degree of negligence is critical. It will determine the amount of compensation that the deceased survivors can expect to receive.
For example, if the neglect was so great that it rose to the level of intentional harm or recklessness. It entitles the plaintiffs to larger damages than if the negligent behavior only demonstrated minor degrees of negligence. Establishing the degree of neglect is vital to filing a wrongful death case.
2. Emotional Damages
Emotional damages should be at the top of the list when considering factors for wrongful death lawsuits. Dealing with the death of a loved one is already difficult, but the thought that their demise may be because of the negligence of another is. It can add immense hurt and pain to the already difficult situation.
A deceased family and loved ones can receive substantial damages for the emotional turmoil and suffer from a wrongful death. It includes anxiety, post-traumatic stress, depression, and grief.
3. Financial Damages in Filing Wrongful Death Lawsuits
Wrongful death lawsuits involve a family suing for damages suffered after the death of a loved one. These damages often involve awards for financial compensation. It includes funeral and burial expenses, loss of expected future income, medical costs related to the death in question, and other economic losses associated with the demise.
Certain states limit such awards to a certain sum, while others allow higher awards. These monetary awards provide compensation to the family. It helps offset the financial losses they have suffered.
4. Loss of Services
Wrongful death lawsuits are challenging proceedings, so it is critical to consider factors when filing one. The loss of services claim is vital when filing a wrongful death lawsuit.
This type of claim covers any services the deceased would have provided, whether it be household services, work services, financial services, etc., that the departed would no longer be able to provide because of their death.
5. Punitive Damages
When filing a wrongful death lawsuit, consider punitive damages, or damages meant to punish the wrongdoer, as a factor. Plaintiffs can receive punitive damages “if the defendant’s conduct was particularly egregious”.
An experienced wrongful death lawyer should be able to assess these factors and decide whether punitive damages should be sought and the amount that should be sought. They can help in the lawsuit filing process by preparing the wrongful death lawsuit documents.
Consider These Factors When Filing Wrongful Death Lawsuits
Filing wrongful death lawsuits can provide families with financial support during a difficult time. When considering a potential lawsuit, consider the top five factors mentioned above.
Consulting a qualified attorney can help you identify the best course of action.
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