If a person dies as a result of the negligence or misconduct of another person, the surviving family members may be entitled to file a wrongful death action. This kind of lawsuit aims at trying to obtain an award to compensate the survivors in terms of loss of earnings from the deceased, lost companionship, and burial expenses.

Wrongful death claims are usually quite technical, and they are also very sensitive legal cases. They may occur in any given circumstance such as car accidents, medical negligence, or work related-accidents. This article seeks to ease understanding of wrongful death lawsuits with a view of highlighting what it entails and how it legally advances.

Key Elements of a Wrongful Death Lawsuit

The steps are the following; the first one is to demonstrate to the jury that the death would not happen if the defendant was not so reckless and the second one consists of showing that the surviving immediate family members have suffered legal damage that can be measured.

 

These claims are typically lodged by the bereaved or by the personal representatives of the deceased’s estate. These are marital partners, offspring, and at times other immediate relatives depending on the laws of the state. Every US state has laws regarding who may sue and in what capacity.

Wrongful Death Legal Procedures

After the filing of the case, there is a stage referred to as discovery, where each side acquires additional information and reviews the details. The case is then either settled before trial or taken all the way to a jury and/or judge. Your wrongful death attorney may suggest you settle the case, especially if the defendant or his/her insurance company chooses to compensate the plaintiff and avoid a lawsuit. In cases where an amicable solution cannot be agreed on, the case proceeds to trial wherein a jury or a judge will decide. Your wrongful death attorney will explain how the negligence caused the death and ask for compensation for the bereaved.

Possible Awards in Death Cases

Compensation differs but has two broad categories which include economic and non-economic damages. Economic damages is the compensation for losses which may be in the form of medical expenses that the deceased incurred before passing on, burial and funeral expenses, and the loss of expected income from the deceased. The non-economic damages would entail the forms of compensation like pain for suffering of the survivors and emotional suffering.

The amount and the form of the compensation varies based on different parameters such as the age and the state of health of the deceased person, the capacity that he or she had to earn, and the circumstances which led to the person’s death. It is essential to acknowledge the fact that each case is in principle different and so the possible awards likewise.

The best person to turn to, in any wrongful death case, is a wrongful death attorney who will represent the family and ensure that they are awarded the right amount.