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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