The death of a loved one creates, in those affected, an overwhelming sense of grief. At times, a grieving relative wants to file a wrongful death claim.
What would be the reason for filing a wrongful death claim?
When a loved one has been killed due to the actions that were taken by someone else, those affected have the right to seek compensation for their unexpected losses. The target of such a claim could be a company that has made a defective product, someone that has carried out an intentional act, or someone that has been negligent.
There are 2 kinds of negligence that could have the ability to cause someone else’s death. One kind of negligence results from being especially careless. A second kind, one referred to as gross negligence, entails carrying out an egregious action.
What relatives can seek compensation for their losses, after a family member has been killed wrongfully?
A spouse or child of the deceased has the right to seek reimbursement for their losses. It should be the existing spouse, and not a former spouse. Furthermore, a stepson or daughter does not have the legal right to pursue a wrongful death claim, as per Personal Injury Lawyer in Amherst.
There are times when a non-relative has the right to file such a claim. That would be a time when the filer has been granted the permission to act on behalf of the deceased’s estate.
What sort of damages does the court consider if it plans to compensate a family that has filed a claim?
The court determines what amount of money the deceased could have earned, if he or she had not met such an untimely end. When making that determination, courts rely on the services of an expert in economics. Such an expert can estimate the future salary of an individual, based on the size of their earnings, during the pay period prior to their passing.
If the deceased had been providing any family members with a source of support, then those survivors would have the right to seek a continuation of that monetary support. In other words, their loss of support would qualify as one of the damages that must be compensated.
Normally, a fatal accident has caused the untimely passing of the decedent, and the filing of a wrongful death claim. Consequently, the costs of the medical care given to the decedent, following the same accident qualifies as a damage for which the survivors deserve to be compensated. In addition to paying for that post-accident medical care, the grieving relatives would need to cover the funeral and burial expenses. Since that was not anticipated, the law declares that the compensated damages should include those same forced and unplanned costs.