Your Guide to Wrongful Death Action
Wrongful Death Action
If you recently lost someone due to another person’s negligence or because another person intended to harm your loved one, then you may have a wrongful death claim. Before you file your claim, it is crucial that you know the ins and outs of wrongful death. Here is a quick guide to wrongful death.
What Are the Elements of Wrongful Death?
If you want to bring a wrongful death claim to the court and have it be successful, then you need to abide by a few different elements. The first consideration is that death has to be caused by someone else’s negligence. This could be an accident or it could be intentional harm. In addition, you have to suffer monetary injury because of death. Some common circumstances that lead to wrongful death include:
- Auto accidents
- Criminal behavior
- Medical malpractice
- Occupational conditions
What Are the Damages in a Wrongful Death Claim?
The initial damages that a person claims are typically financial damages. The court has to determine whether you suffered a financial injury due to another person’s death. The factors that the courts consider include:
- Decedent’s Age
- Decedent’s condition
- Decedent’s earning capacity
- Decedent’s life expectancy
This may turn into a complicated process. The idea behind it is that the courts can pin down the circumstances of the victim at the time of death. For instance, if your loved one was the parent of minor children, then the loss of that income and parental guidance could be included in the wrongful death action.
The damages that family members collect from these types of suits can normally be used to pay for medical bills, funeral expenses and other costs associated with the death. In addition, there may be punitive damages that you can collect. These are damages that are awarded when the defendant acted maliciously. This is not typical damage in most states, but some states do allow it and your lawyer can help you find out if your state allows it or not.
When it comes to wrongful death actions, this is one action that you can take to recover the loss that you experienced from the death of a loved one. While legal action can never bring the person back, it can help you worry less about the financial losses that you suffered because of someone else’s negligence. If you’re considering a wrongful death action, then you should consult with an attorney, like a Wrongful Death Lawyer in Salt Lake City, UT, right away to find out more.
Thank you to the experts at Rasmussen & Miner for their insight into wrongful death and the law.
Posted on March 10, 2020 @ 6:51 pm