Sunday, October 25, 2015

Seeking Compensation after a Wrongful Death

Dealing with the death of a loved one is extremely painful. It is even more challenging when that death is caused as the result of someone’s negligence. Negligence can include slip and fall accidents, work-related accidents, automobile crashes, or murder. A wrongful death attorney can seek damages from the liable individual whether or not criminal charges are filed.

Wrongful death suits are often brought about by surviving family members or another individual who has been designated as the executive of the deceased individual’s estate. Damages are awarded based on the pain and suffering the deceased individual experienced prior to their death, as well as the pain and suffering experienced by the victim’s family members. Hiring the right wrongful death attorney is key to this entire process since they understand the statutes of limitations as well as the filing requirements needed to bring about a wrongful death case.

In order to prove a wrongful death cause of action, the surviving family and their attorney must prove the following things:

• That someone was killed
• That death was caused by a person’s negligence or their desire to cause harm
• The victim’s death led to monetary injury for their surviving family
• There is an appointed representative for the deceased estate

When the court determines pecuniary loss, they do this by looking at the age, character and condition of the deceased individual. They will look at their earning capability, the job they had, how healthy they were, how intelligent they were, as well as any other factors that would help them put a monetary value on what was lost. Later, punitive damages may be added.

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