When you hear the phrase wrongful death, you immediately think about a death that was caused by someone else. This is what the denomination suggests, at least. What you’ll be surprised to find out is that wrongful death refers to a legal claim. A lawsuit is filed by the surviving family of the deceased person against the person that is responsible for the death. A wrongful death is basically a type of personal injury lawsuit. The mechanisms of such a case are fairly complicated. If you’re interested in learning how a wrongful death lawsuit works, please continue reading.
When a wrongful death claim can be made
Imagine the following situation: A very close family member has passed away. You’re positive that the death was the result of someone else’s wrongful behavior. Your beloved one was killed in a car accident and you know for a fact that they weren’t at fault. It’s important for you to understand that it’s not enough to bring forward a civil suit. No one in this world will take your claim into consideration unless the death was caused by the reckless act of another person. Talk to a North Miami Beach wrongful death lawyer if you don’t believe us. The death had to be caused intentionally or unintentionally. By unintentionally, it’s understood negligence. Even if the person was negligent, this doesn’t mean that they can’t be held liable.
Filing a wrongful death lawsuit
If the lawyer doesn’t manage to settle the case, you’ll have to go to court. Should this happen, it’s necessary to open a probate estate. Otherwise, you won’t be able to sue on the behalf of the family member. Next, you’ve got to support your claim with evidence. Proving that the defendant is at fault for your loved one’s passing away isn’t easy. What you – well, the lawyer- have to do is prove the following elements:
- The moral and legal commitment to assure the safety and wellbeing of other people.
- When someone doesn’t honor their commitment, that’s called breach of duty of care.
- The relationship between cause and effect.
Types of damages awarded in wrongful death lawsuit
The whole point of suing is to get hold of damages. Damages are basically an amount of money that is awarded so as to compensate for the death of the person, if that’s possible. While a monetary compensation can’t bring your beloved family member back, you do have the satisfaction that the person responsible was punished. In some cases, the money comes in handy, especially when it comes to surviving spouses.
These are the main types of damages awarded in a personal injury case:
- Medical costs
- Funeral costs
- Loss of livelihood
- Care of your person
- Pain & suffering
- Loss of companionship
- Punitive damages
It’s important to stress that these financial compensations are granted based on the circumstances of the case. Your lawyer knows very well what to do, so you needn’t bother your head with such matters. Just to be informed on the matter.