Losing a family member forever will be extremely saddening and painful. This pain is likely to get worse if you are suffering this irreparable loss because of the intentional or unintentional actions of someone else. In such cases, it is your responsibility to bring the person whose actions lead to the wrongful death of your close one in front of the law and punish him legally. For this, you can consult a credible attorney and file a wrongful death lawsuit against the opposite party. Plus, the family members of the deceased are entitled to obtain fair monetary compensation when it comes to wrongful death cases.
Since wrongful death cases are not as common as personal injury cases, most people may have many doubts in this case, especially regarding the steps to take after the wrongful death of a family member. In order to help you out with this, below is a list of some frequently asked questions about the wrongful death lawsuit and cases.
Who Can File a Wrongful Death Lawsuit?
In most cases, a personal representative of the deceased person, usually appointed by the court is expected to file a wrongful death lawsuit against the suspected party. The wrongful death cases are usually brought to benefit the surviving family members, particularly the spouse, children, and parents of the deceased. In case the deceased does not have any immediate family members, the next close relative who is in line to acquire his assets can file the case with the help of a lawyer.
What are the Damages That are Ideally Recovered in Wrongful Death Cases?
By filing a wrongful death lawsuit, you can obtain compensation for economic, non-economic, and punitive damages. The latter is considered if you are bound to punish the person legally and this often happens when the defendant’s intentional action led to the wrongful death. The damages that are considered under economic losses include;
- Funeral expenses
- Treatment expenses
- Loss of wages
- Property damage
The non-economic damages usually include;
- Loss of companionship
- Loss of support
- Pain and suffering
- Emotional trauma
Is it Necessary to Hire a Wrongful Death Attorney to Represent the Case?
It will be hard to prove the liability in wrongful death cases when compared to other personal injury cases. Plus, it requires great expertise to determine the damages as well as to acquire a maximum compensation for your irreparable loss. On top of that, claiming non-economic damages in court will be extremely challenging when compared to the economic ones. In short, it is significant to hire the services of a credible wrongful death attorney to represent your case so as to hold the person liable for your loss and to obtain a maximum compensation.