When a person dies due to the negligence of another, there is a possibility of filing a wrongful death claim. It can be beneficial for the surviving members of the victim’s family. Depending on the circumstances of the death, the family can receive punitive damages.
Negligence can cause wrongful death
When someone dies because of another person’s negligence, there are two possible outcomes: criminal charges or a civil lawsuit. The latter can be easier for the survivors to pursue since they will have a much lower burden of proof.
If you need clarification on whether you have a case, it is best to contact an experienced Hassett & George, P.C. attorney. It will help you get a fair amount of compensation for your loss.
Typical causes of wrongful death include automobile accidents, medical malpractice, and workplace accidents. While these are the most common, a variety of other instances may give rise to a wrongful death lawsuit.
To file a wrongful death claim, you must demonstrate that the defendant’s conduct killed your loved one. It would be best if you also showed that Defendant had a duty to protect you and that they failed to do so.
A wrongful death claim can also be made if you die due to a defective product, like a car or truck. These inferior products are a severe hazard.
Damages suffered in a wrongful death claim
When you have a loved one who has died due to another person’s negligence, you may be entitled to compensation for damages. If you are considering filing a wrongful death lawsuit, you need a lawyer with experience. A skilled attorney will ensure that you get the money you are owed.
A wrongful death claim can be filed in two ways: as a third-party claim or a personal injury claim. In either case, you need to prove that you were harmed due to someone else’s actions. You must confirm that the at-fault party acted negligently, that the accident caused your injuries, and that you suffered monetary losses.
You can claim damages for pain and suffering in a wrongful death claim. Your attorney can help you to describe the value of your claim accurately. Pain and suffering are usually defined as “the physical or emotional suffering and distress that a person experiences in the aftermath of a tragedy resulting from the death of a family member.”
The amount of money you can receive depends on the particular facts of your case. Some states have caps on how much money you can receive. Other states allow for punitive damages, which are meant to punish the wrongdoer.
Punitive damages for the victim’s family
When looking for a lawyer to represent your family in a wrongful death lawsuit, it is essential to hire a firm that is experienced and knowledgeable. It will ensure that you receive a fair amount of compensation.
Two types of damages are typically recovered in a wrongful death case. First is economic damages. These include funeral expenses, medical bills, and other financial losses. In some cases, the court may award non-economic damages. Non-economic damages can compensate survivors for intangible losses, such as emotional distress or loss of companionship.
Punitive damages are designed to prevent similar actions in the future. They can also be used to pay for the pain and suffering of the victim’s family.
Statute of limitations
When a person dies due to the negligence of another, the surviving family members can file a wrongful death lawsuit. Depending on the relationship the plaintiff had with the deceased, the claim can range from a settlement of the value of the person’s care to a non-economic award.
If the Defendant is a government agency, there are some different rules. In most cases, a wrongful death claim can only be filed two years after the wrongful death occurred.
However, if the victim was a minor, the statute of limitations may be longer. The wrongful death claim can be delayed until a legal guardian is named. It allows the plaintiff to get the claim filed even if the child is under 18.
Some exceptions to the two-year deadline are available. In addition, the statute of limitations can be extended if new evidence is discovered after the person’s death.
A wrongful death investigation is one of the most critical stages of a case. It entails gathering witness testimony, photos, and statements from medical professionals. These are used to support the wrongful death lawsuit.