Losing a loved one is a devastating experience, and when that loss results from wrongful death, the emotional burden becomes even heavier. Wrongful death is when an individual dies due to another party’s negligence, misconduct or intentional actions.
In such cases, the surviving family members can seek justice and compensation for their loss. Here’s an overview of the options available to loved ones who have lost someone this way:
Filing a wrongful death lawsuit
One of the primary options available to loved ones is to file a wrongful death lawsuit. This action aims to hold the responsible party accountable for their actions and help seek financial compensation for the damages caused. Wrongful death lawsuits typically involve establishing that the responsible party had a legal duty to act with a certain standard of care and that they failed to do so.
Wrongful death claims focus on the damages suffered by the survivors in relation to their loved one’s loss.
The potential compensation awarded in wrongful death cases varies depending on various factors, like the circumstances of the death and the damages the surviving family members suffered. That means you may ask for things like:
- Compensation for the financial support lost due to the death of the loved one
- Damages for the loss of companionship, guidance and emotional support.
- Compensation for the emotional distress and mental anguish experienced by the surviving family members.
You may also receive financial coverage for any reasonable expenses associated with your loved one’s funeral and burial services.
Filing a survival action claim
This is basically the lawsuit the deceased could have filed for their own losses and suffering if they had not eventually succumbed to their injuries. It’s often filed at the same time as a wrongful death claim.
Compensation for this kind of claim can include any medical bills incurred prior to the individual’s death and compensation for their pain and suffering if they lingered after the initial injury.
Settlements and negotiations
Wrongful death lawsuits are often resolved through settlements and negotiations outside the courtroom. Both parties may engage in discussions to reach a mutually agreeable resolution. During these negotiations, you should seek professional assistance to best obtain fair and just compensation on your family’s behalf.