Any loss of a loved one is a difficult reality with which to cope. In cases where a loved one’s death results from the negligent actions of another person, surviving family members are likely to not only experience extreme grief and sadness, but also have many questions that demand answers.
Whether a loved one is killed in a drunk driving accident or as a result of a fatal work accident, when negligence is a factor, legal action may be appropriate. Family members who wish to file a wrongful death lawsuit must be able to prove that a loved one’s death resulted from a defendant’s negligence and that his or her death has caused surviving family members financial hardship.
When deciding a monetary award in wrongful death cases, several factors must be considered including the decedent’s age, whether or not he or she was financially supporting minor-aged children and his or her income at the time of death. Additional losses including those related to loss parental guidance, loss of consortium and loss of support must also be weighed and factored into a settlement.
In order to file and successfully prosecute a wrongful death claim, numerous procedural rules must be abided by and followed. To ensure stipulations are met and requirements fulfilled, it’s wise to hire an attorney who handles personal injury and wrongful death matters. An attorney can represent the best interests of surviving family members and work to ensure just compensation is awarded to help defray the financial losses that often result with a loved one’s sudden death.
Source: FindLaw.com, “Wrongful Death,” 2015