When an individual dies due to another person’s fault, the survivor may file a wrongful death lawsuit. The lawsuit seeks damage to survivors’ loss, including funeral expenses, lost companionship, and lost wages.
Who May Sue For Wrongful Death?
A wrongful death claim is filed by a representative of the survivors who suffered from the decedent’s death. The representative is mostly the executor of the decedent’s estate, and real parties vary from one state to the other. Some of the people may include:
- Immediate family members: In all states, the immediate family members, including spouses and children, including the adopted ones, and parents of unmarried children, receive compensation for wrongful death.
- Life partners, putative spouses, and financial dependents: A domestic partner in some states is financially dependent on a decedent, while a putative spouse is someone with a belief in being married to the victim. All the listed spouses have the right to a given percentage of the compensated funds.
- Distant family members: Some states allow family members who are distant, including sisters, brothers, and grandparents, to file a wrongful death lawsuit to secure compensation. For instance, a grandparent raising a child is enabled to take action.
- All people who suffer financially: Some states allow people who suffer financially following a wrongful death to file a legal claim for the lost support even if there is no marriage or blood relationship with the victim.
- Parents of a deceased fetus: In some states, a fetus’s death is a basis for filing a wrongful death suit. Parents are barred from receiving finances when the fetus dies in several states. Such states, however, require parents to file a claim when the child is born alive but dies later. Check the state law and hire a seasoned wrongful death lawyer to establish whether such actions are allowed in the state.
Damages Catered For In A Wrongful Death Case.
Surviving family members receive compensation for pain, suffering, and financial loss felt by the decedent before death. Due to the unique nature of a wrongful death case, the proceedings have to be planned appropriately with consideration and excellent care from judge selection through summation.
The Voir Dire
Address areas of damage and liability in an educational, non-argumentative yet probative manner. The representatives must present the case naming the family represented and the date the automobile accident occurred. Table the lawsuit and the unsettled claim by the at-fault driver. Survivors who are already adult children, especially concerning claims for the loss of parental guidance and care, give the family attorney latitude to prove the type of person the decedent was, which is an essential part of any case.
Loss Of Services And Parental Guidance
When the decedent was the breadwinner, proving related economic damages is straightforward. While projecting such monetary damage, issues include fringe benefits, including a pension plan and health insurance, and the opportunity for advancement and promotions in the field the employer may have offered the decedent. Witnesses with knowledge regarding talents and abilities and excellent work habits possessed by the deceased may help in justifying a substantial monetary loss projection.
In the case of spouses working in the house and having minimal earning history, the trial lawyer may secure a substantial award. Highlight the duties performed by the stay-at-home spouse before the decedent’s death. Such chores may include landscaping, laundry, garbage removal, cleaning, and other related tasks. Establish hypothetical factual questions and hire an economist to quantify the costs. A success in filing the loss of parental guidance claims necessitates emotional testimony regarding the type of person the decedent was, leaving the case to the jury to quantify the verdict sheet.
Conscious Pain And Suffering
Emergency service workers are usually the first witnesses and may have heard or seen something interpreted as proof of conscious pain and suffering. In comatose patients, a revelation of medical records may reveal conscious pain. In case the person is dead upon arrival, an autopsy report forms the basis for determining pain and suffering.
All wrongful death cases tend to have a common theme. With proper representation and appropriate medical experts, a trial attorney can assist clients in obtaining monetary compensation for losses experienced by the decedent’s family.