Shutterstock
Losing a loved one hurts. When this loved one passes away as the result of another person’s negligence, the pain seems to intensify. Knowing their loss was preventable makes it difficult to move forward with life, especially when the responsible person continues living with no consequences for their actions. However, family members of the deceased should hold this individual accountable, which is why the loved ones left behind may wish to file a wrongful death suit.
What is a Wrongful Death Suit?
A wrongful death lawsuit is a court action that allows family members of a deceased individual to seek compensation from the party responsible for the individual’s death. While the suit cannot bring this loved one back, it often helps the family ease any financial burdens resulting from their passing. Lawler Brown Law Firm works with clients to determine the extent of these burdens and a fair amount to request in compensation.
The family cannot receive financial compensation that their loved one was entitled to when alive. This type of suit provides the family the opportunity to seek compensation for any losses they have sustained because of the passing of their relative. The wrongful death suit differs from a companion claim referred to as a survival action in that respect. Individuals must know who can file this suit on behalf of the deceased and how the distribution of the settlement will work.
The Compensation Amount
A family may wish to know how much they can get in compensation for the death of their loved one. Every loss comes with its own circumstances and impact on the family members left behind. As a result, a person cannot put a single figure on a claim. In fact, a person cannot determine the average figure for this type of lawsuit, as there are too many variables involved.
Available Damages
A person might look to personal injury cases when determining which damages they may seek in their wrongful death claim. Doing so tends to be a mistake, as the cases differ significantly in terms of what they involve. In a wrongful death case, the family may request burial and funeral expenses, as they would not have these expenses if the responsible party had acted in an appropriate manner.
Many families request compensation for loss of consortium, companionship, or moral support. In addition, loved ones left behind may request financial support that the deceased can no longer provide or ask for the value of household services formerly carried out by the person who passed.
Factors Considered in a Wrongful Death Suit
Courts take many factors into consideration when determining a wrongful death suit. They look at the victim’s age at their time of death, the number of minor children of the deceased, the ages of the children, and how much financial support the spouse or other parent received from the deceased. In addition, they consider the circumstances of the incident that led to the victim’s death and the role the deceased played in the community.
Speak with an attorney today to learn about filing a wrongful death suit and what is involved. A person might feel as if they should tackle this case on their own. Their financial situation has changed, and the thought of spending more money terrifies them. Don’t let this hold you back. The attorney works to ensure each client gets the maximum compensation they are entitled to. The extra funds become of great help as the family tries to navigate through life without the loved one by their side.
