Losing a loved one to death can be an emotionally traumatizing experience, but it can be ten times as devastating if they are lost due to someone’s negligence. This can be a wrongful death case. The depression and anxiety that can result from this can lead to loss of income and extreme psychological trauma. These are just some of the damages you can claim in a wrongful death claim which the acting medical professional or anyone who caused the death (either directly or indirectly) has to take care of.
What is a wrongful death case?
In legal terms, a wrongful death case is a civil action that can be brought against an individual or an entity that was directly or indirectly responsible for someone’s demise and which could have been prevented if they weren’t negligent. Every state has its own specific set of rules pertaining to these cases and this includes regulations that pinpoint who can file the claim in the court. These can be anyone who are related to the deceased such as family members or a representative of the deceased’s estate.
Damages that can be claimed…
The damages that can be claimed in a wrongful death claim fall into two categories which are defined by two separate time periods.
The first one allows damage recovery by the deceased from the time of the act that caused the death till the actual time of death. Let’s take an example to understand this. In case the deceased died because of a car accident the damages that can be recovered will include the time when the crash occurred till the eventual time of death. This can be days, hours or weeks depending on the extent of the life threatening injuries and the damages that can be claimed in this can include medical expenses, mental and physical pain the deceased went through, funeral and burial expenses.
The second one covers damages that cover the loss the next of kin of the deceased experienced after the death of their loved one. These funds are meant to serve as financial support for the family of the deceased if they were dependent on him/her. The actual value is usually determined according to the lost wages the deceased would have earned if he/she lived long enough to reach retirement.
Some states allow what is called ‘loss of consortium’ which means that the spouse or immediate family member of the deceased can be compensated for loss of love and companionship. This is particularly important for minors who lose parents to death that could have been avoided and those who have no one else to support them. Damages that can be claimed in this regard include loss of inheritance, care and protection that the parents would have provided till they died of natural causes.
Wrongful death case? Call Attorney Javier Marcos
If a loved one of yours died due to someone’s negligence, call attorney Javier Marcos. They will be your legal representatives and will ensure you file a successful wrongful death claim. Call them by dialing 713-999-4444 / 1(800) 444-8118. Available 24 hours.