Compensation for Wrongful Death
By Meaghan Olson
Wrongful death claims allow the close family members of people who have died in preventable accidents to seek some justice for the loss of their loved ones.
This type of lawsuit is often available for people who have lost their lives due to the negligent actions of others. In some circumstances, courts may force the responsibility party to give wrongful death compensation to the victim’s family.
To learn more about seeking legal relief in a wrongful death claim, connect with a local attorney for a free consultation:
How to Seek Wrongful Death Compensation
Not everyone who has lost a family member in an accident is eligible to file a wrongful death claim, but there are several types of incidents that often lead to personal injury lawsuits.
Possible precursors to wrongful death claims include car accidents, airplane accidents, malpractice lawsuit claims, and on-the-job injuries that lead to worker compensation claims.
If a person is able to successfully bring a wrongful death action, possible forms of compensation may include:
- Medical expenses, including the costs of hospitalization and treatment
- Loss of companionship
- Loss of deceased’s future earnings
- Estimated loss of retirement benefits and pension payments
- Pain and suffering
- Funeral expenses
Although a wrongful death lawsuit cannot cure the pain of losing a loved one, it may provide financial relief in a time of need.
In addition, wrongful death claims can offer a sense of justice after accidents occur due to someone’s negligence or irresponsibility.
Filing a Wrongful Death Lawsuit
Wrongful death compensation may be awarded by a jury or a judge after a trial. Most cases, though, are settled out of court after negotiations between both parties.
Thus, an injury settlement may also include a healthy amount of wrongful death compensation, without the time and energy required to go to trial.
If you are planning to file a wrongful death lawsuit, remember a few key things:
- Statute of limitations. Some wrongful death claims may have a limited window of time in which a person can file a lawsuit after an injury. Check with a local attorney for more information on your state’s limitation laws.
- Burden of proof. The party filing the action usually has the burden of proving its case in court. As a result, many people prefer to consult with an attorney to learn more about the proof requirements in their state.
For more information on how to seek wrongful death compensation, contact a local injury attorney today.