You are eligible to seek compensation if you are hurt by someone else’s negligence. People can occasionally even death as a result of their activities.
In such situations, family members have the right to file for a claim or bring legal action against the negligent party and get financial compensation for their loss.
People should, therefore, use caution when working or driving because being irresponsible could put others in danger in addition to themselves. While it cannot bring the departed person back, the move can surely help the family get financial relief.
Accidents involving vehicles, building sites, medical institutions, etc., might result in unintentional deaths. The individual performing the surgery on the deceased can be sued by the family in a case of medical misconduct.
You can always speak to Moxie Law Group for help with the legalities and to ensure you get justice for your deceased family member.
Things You Need to Prove For a Wrongful Death Claim
If you are filing for a wrongful death claim, you will have to prove the following to the insurance company:
- Proving that the person died.
- The person in question had the duty of care toward the deceased person.
- Negligence or intentional action was the actual cause of death.
- Family members are suffering from financial loss as a result.
What are the things that compensation will cover?
There are various things that will be considered for the compensation during the claim. Some of the economic damages are listed below:
- Medical expenses (if there are any)
- Loss of income
- All the expenses of burying the body, funeral, etc.
- There are some noneconomic damages as well, such as:
- Emotional pain and distress suffered as a result of death.
- Losing companionship as a result.
- The consortium is lost, too.
The jury will evaluate the situation and circumstances of the surviving family members, and Moxie Law Group will ensure that the decision is made accordingly. Additionally, the judge may impose extra charges on the defendant as a lesson for their actions, depending on the severity of the case.
What are the considerations in case a child dies?
In wrongful death, if it is a child who died, there are several things that are considered:
- The relationship people receiving the compensation share with the deceased child.
- At what age are they when receiving the compensation?
- How healthy or harmful they are.
- How economical they are and their various circumstances will be considered too.
There are several other things that are related to the child that are considered as well. For instance, the child’s age, life expectancy rate, were they earnings or not, etc.
However, one thing to remember is that the jury is not trying to see if the child could contribute to the family in the future. Other factors, such as life expectancy, contribute in different ways.
What are the considerations in case an older person dies?
In a wrongful death, if it is an older person who died because of the negligent behavior of the other party, the compensation might differ and other things too. The compensation made in such scenarios is usually more minor. There is a reason behind it.
When a person has reached retirement age, it is considered that they do not have much to contribute since they are at a non-earner age. Another thing is that children of older parents do not generally require their support as they start earning themselves.
When should you seek legal help?
You need a lawyer to guide you through the intricacies of the case when such wrongful death incidents happen. The attorney knows how to build a compelling case and secure the money you are due for the losses you endured.
