Wrongful death lawsuits are very precise lawsuits. To bring a wrongful death lawsuit, the situation must be something that would have resulted in a personal injury claim if the person in question had not died. Additionally, a wrongful death lawsuit can only be brought by specific surviving members of one's family or one's legal dependent. Beyond that, you have to prove that the defendant's actions met specific criteria that led to or contributed to your loved one's death.
If you win a wrongful death lawsuit, you then have to ask for a set amount of compensation. That compensation is based on specific types of damages which you are allowed to claim.
The first type of damage you can claim are funeral costs. You are going to need to gather all the receipts related to purchasing a grave, purchasing a coffin, and paying for the burial. If your loved one was cremated, you can claim the cremation fee as well as the fee for the urn. You can also claim any money you spent on a memorial service or celebration of life service.
Oftentimes, with a wrongful death case, medical bills can really add up. You can get compensation for all medical bills that you paid before your loved one died and for any bills you were obligated to pay after their death. Be sure to add up all the medical costs you covered, from premiums to deductibles to special equipment you have to purchase for your loved one in relation to the event and injury that lead to their death.
Lost Financial Support
The third type of damages you can claim is lost financial support. Lost financial support is similar to the lost wages that one can claim in other types of personal injury lawsuits. However, in this case, you will need to calculate all the lost wages that your loved one would have contributed to your household over the rest of their lives, including the retirement income that you are now not going to receive.
Lost financial support can be claimed even if your loved one didn't bring in an income but contributed to the household in ways that provide value to the household that would be hard to replace. For example, a parent who provides childcare provides a service that is expensive to replace.
Loss of Companionship
The area that provides the greatest degree of flexibility in regard to damages is the loss of companionship. The loss of companionship damages provide flexibility in a wrongful death lawsuit so you can receive financial compensation for essentially losing out on a relationship with your loved one. Loss of companionship is often also called loss of society or loss of conjugal fellowship or martial compatibility.
When you lose someone you love in an unfair manner, you need to contact a wrongful death attorney to see if you have a case. If you do have a wrongful death case, you need to make sure you detail why you deserve the four types of compensation above.Share