If your loved one has been killed because of another person’s negligence, you may be able to file a wrongful death claim with the help of a wrongful death lawyer. If you do, you will need to investigate the circumstances surrounding the death and determine what compensation can be awarded to you. In addition to economic and noneconomic damages, you may also be able to sue for punitive damages.
Defend your rights
If a loved one has been injured or killed due to the negligence of another, you may have rights. A wrongful death lawsuit can help your family financially recover and gain closure. You can also prevent similar negligence from occurring in the future. An experienced wrongful death lawyer can protect your rights. Whether you are a surviving spouse, child or parent, you should speak to an attorney to find out your legal options.
Wrongful death can be a devastating experience for the family. It can also be a traumatic time for you. Your attorney can help you through the grieving process and ensure you get the compensation you deserve. In some cases, you might qualify for punitive damages, which deter others from the same negligence.
Investigate the circumstances that led to your loved one’s death
If you have lost a loved one, you might want to investigate the circumstances of his or her death. This can include contacting the coroner and asking for a post mortem examination. It is also possible to hire a solicitor to assist you with the legal proceedings. In addition, you may want to consult an independent medical expert, who can provide an independent analysis of the situation.
An inquest is a formal investigation into the facts of a death. It is typically held on a deceased individual, and the process is divided into sections. The inquest may be limited to a specific issue, such as how the person died or why he or she did not survive, or it can be a comprehensive, high-powered investigation.
Determine compensation for losses associated with the death of a loved one
The death of a loved one can be an overwhelming experience. It can take a great emotional toll on family members, and it can create an enormous financial burden. If your loved one’s death was caused by the negligence of another party, you can pursue a wrongful death action to recover some of your lost money. You may be able to receive compensation for funeral costs, medical expenses, and other loss-related expenses. However, the amount you can receive will vary based on your individual situation.
For example, if your loved one suffered a fatal car accident, you may be able to file a claim against the at-fault driver. In addition to getting financial compensation, you can also recover punitive damages, which are meant to punish the party who caused the death.
Pursue awards for economic and noneconomic damages
When a person dies from an accident or other event caused by another party’s negligence, the surviving family members may be entitled to an award of economic and noneconomic damages. These damages can cover medical costs, missed work days, funeral expenses and retirement savings. However, there are legal limits to how much of each type of damage can be recovered.
One of the most common types of damages is the pain and suffering. This is awarded to compensate the plaintiff for the mental and emotional effects of the injury. The amount of money can vary widely, depending on the circumstances and the judge’s or jury’s preferences.
A more difficult task is determining what the maximum amount of money is allowed to be recovered. For example, a wrongful death claim may be awarded up to $250,000 for noneconomic damages.
Punitive damages may be awarded in rare cases
Punitive damages are meant to punish the defendant for committing a wrongful act. They are also designed to discourage other people from committing similar crimes.
Punitive damages are not awarded in every case. Some states have enacted split-recovery statutes to limit the number of punitive damages that can be awarded. The plaintiff must provide evidence of the defendant’s reprehensible conduct.
Most accidents are the result of negligence. However, some cases, such as car crashes, are the result of intentional acts. Such acts are called intentional torts. A jury may decide that the alleged wrongful act is sufficiently reprehensible to warrant a punitive damages award.
To be awarded punitive damages, the defendant must demonstrate that his or her actions were deliberate, reckless or grossly negligent. Gross negligence is defined as an action committed with a conscious disregard for the rights of others.