Losing a loved one due to someone else’s negligence or wrongful act is devastating. The emotional grief coupled with medical bills, lost income, and funeral expenses can make the situation overwhelming. These are just some challenges that make a wrongful death suit harder to seek compensation. If you are wondering how to sue for wrongful death or recover compensation, know that you are not the only one. These cases are sensitive but can be handled correctly by a professional.
Filing a wrongful death lawsuit is an important step toward justice and fair compensation. However, certain myths about wrongful death cases can be a big hurdle in understanding the details. Fortunately, With the right guidance, you can effectively pursue your wrongful death claim and ensure you receive fair compensation.
Moreover, relatives or close ones to the victim should act quickly, especially if the deceased was previously responsible for providing financial support.
Understanding Wrongful Death Lawsuits
A wrongful death claim arises when a deceased person’s death results from another individual’s negligent or intentional actions. Common scenarios include car accidents, medical malpractice, or intentional acts where the defendant’s actions directly caused the decedent’s death.
These lawsuits are pursued by the deceased person’s estate or immediate family members, such as spouses, children, or other dependents who rely on the deceased individual for financial support or household services.
Key Factors in Wrongful Death Cases
The financial compensation on the other hand, depends on some key factors, regardless of who pursues them. Even if the decedent’s children want to take legal action, they should know these details. Here are the major factors that can influence the outcome of wrongful death lawsuits:
Establish Liability
Establishing a clear connection between the liable party’s actions and your loved one’s death is critical. Strong evidence, including medical records, witness testimonies, and expert analysis, is essential. This can be provided by immediate family or other family members, depending on the particular situation.
Identifying Damages
Damages typically include economic losses (lost income, medical and funeral expenses, burial costs, and household services) and non-economic damages (emotional suffering, loss of companionship, and intangible losses).
Multiple Parties
Sometimes multiple parties might be responsible, potentially increasing your compensation. Clearly identifying these parties is important.
Steps to File a Wrongful Death Lawsuit
To strengthen your wrongful death claim and increase the chances of maximum compensation, follow these steps:
1. Consult an Experienced Wrongful Death Attorney
Wrongful death cases can be challenging. Consulting an experienced wrongful death attorney who understands state laws and your specific circumstances is vital. Many attorneys offer a free consultation today, providing valuable insights into your legal options.
2. Appoint a Personal Representative
Selecting the appropriate representative is necessary. Typically, the legal system requires a personal representative, chosen from immediate family members or appointed by the court, to file the wrongful death claim on behalf of the deceased person’s estate. This helps when someone wants to sue for wrongful death.
3. Gather Strong Evidence
Successful wrongful death lawsuits depend heavily on evidence that clearly links the liable party’s actions to the death. Essential evidence includes medical records detailing medical expenses, expert testimony, documentation of funeral costs, and proof of lost wages.
4. Calculate Economic and Non-Economic Damages
Accurately calculating damages is critical. Financial experts can assist in determining economic factors like lost income, medical bills, and funeral expenses, and non-economic factors such as emotional distress and intangible losses, significantly influencing wrongful death settlements.
5. Determine Punitive Damages Eligibility
Punitive damages might apply in cases involving egregious conduct or medical malpractice. These damages punish the defendant and deter future negligence.
Applicable State Laws and Statutes
Understanding wrongful death statutes that vary by state is essential:
California
Under California Code of Civil Procedure §377.60, surviving family members, including spouses, domestic partners, children, and other dependents, can seek both economic and non-economic damages.
Economic damages include lost income, medical bills, funeral expenses, and household services. Non-economic damages cover emotional distress, loss of companionship, and support.
The statute clearly defines who qualifies as a claimant and ensures broad protection for grieving families.
Florida
Florida Statutes §768.21 specifically outline recoverable damages for wrongful death claims, allowing survivors to claim damages for lost financial support, companionship, protection, mental pain, suffering, medical expenses, and funeral costs.
Parents of minor children may recover from mental pain and suffering, and similarly, children may recover from the loss of guidance and parental companionship.
Florida law emphasizes protecting the emotional well-being and financial stability of surviving family members who want to sue for wrongful death.
Nevada
In Nevada, NRS 41.085 permits heirs and personal representatives of the deceased to seek damages for grief, sorrow, loss of support, companionship, comfort, consortium, medical bills, and funeral expenses.
Nevada law uniquely allows claims to consider intangible emotional impacts and the practical financial implications of losing a family member, providing comprehensive compensation avenues for affected individuals.
Dealing with Insurance Companies: What You Should Know
Insurance companies often attempt to minimize damages awarded in wrongful death cases. However, with an experienced wrongful death attorney advocating on your behalf, you can effectively pursue maximum compensation.
A skilled attorney knows how to manage insurance company tactics, ensuring fair compensation rather than accepting quick, insufficient settlements.
Calculating Damages for Maximum Compensation
To achieve fair compensation, carefully calculate damages:
Economic Damages
Medical expenses prior to death, funeral and burial expenses, loss of financial support, lost income, and household services previously provided by the deceased.
Non-Economic Damages
Emotional distress, pain, and suffering experienced by surviving family members, loss of companionship, and emotional impact on the deceased’s children.
Conclusion
The circumstances surrounding your loved one’s death are deeply personal and painful. Filing a wrongful death lawsuit is about achieving justice, accountability, and ensuring responsible parties are held accountable.
Having the right wrongful death attorney by your side for such cases can make a significant impact. Therefore, we recommend researching the market before hiring a lawyer for the job.
Seek Justice for Your Loved One With BLG
If you’re considering taking the next step toward justice, consulting an experienced wrongful death attorney is essential.
At Bourassa Law Group, our compassionate team understands your pain and will guide you through each step of the legal process, helping you sue for wrongful death, recover maximum compensation, and achieve the closure you deserve.
Our wrongful death attorneys can also provide you with genuine advice if that’s all you require. However, you need to connect with our professionals for this.
Schedule your free consultation today
1-800-870-8910