Dealing with the loss of a loved one can be an extremely trying time. If the death of a family member was the result of another party’s wrongdoing or negligence, then the grieving process is only intensified. However, in situations such as this, the victim’s family may have the right to file a wrongful death lawsuit and receive financial compensation for the death of the loved one.
How Do Wrongful Deaths Occur?
Wrongful death is defined as a situation when a person is killed because of the misconduct or negligence of another party. The victim’s family members and particularly the individuals who were dependent on the victim at the time of their death may be eligible to receive monetary damages.
Even though there are wrongful death statutes in place to compel manufacturing companies, trucking companies, doctors, and hospitals to act in a careful manner, wrongful deaths still occur in a number of situations, including:
- Vehicle accidents: An automobile company can be held responsible for defective products in their vehicles and trucking companies can be held responsible for truck accidents if an employee breaks set trucking regulations and a death occurs.
- Emergency room medical malpractice: This wrongful death lawsuit can stem from negligence by any member of the hospital staff in the emergency room, misdiagnosis of a health condition or premature discharging of a patient.
- Anesthesia malpractice: If the anesthesiologist fails in their duties and gives a patient a fatal anesthetic dose, this is considered wrongful death.
Compensation Offered for Wrongful Death Cases
Each state allows the heirs of the deceased family member to file a wrongful death lawsuit if their loved one died due to the negligence of another party. Some of the factors that are considered in court when determining what type of wrongful death damages should be awarded include:
- The amount of money that the deceased person earned.
- Loss of companionship.
- How much savings the deceased individual had/would have earned.
- How dependent the survivors were on the deceased individual.
- Expenses the survivors incurred related to funeral and medical costs.
While there is no amount of financial payment that will be able to compensate for the loss of a family member, having financial security down the road can help provide comfort and seeing the responsible parties brought to justice can also provide a sense of closure for the survivors.
The laws related to a wrongful death lawsuit can be quite complicated. During your grieving time, it may not seem like pursuing a wrongful death case is important, however, they have to be filed in a certain period of time, or the family may lose the right to do so down the road.
With the help of our experienced, professional wrongful death attorneys, you will have guidance and help during each step of the lawsuit. We have the resources and manpower to handle any case, regardless of how powerful the at-fault party may seem. Contact us today to learn more.