The death of a loved one can be life-altering for everyone involved. When a loved one passes away due to the negligence of another person or party, it can make a difficult situation that much more complex to process.
After the death of a loved one due to the negligence of another person or party, seek legal counsel in your area. You may be able to recover various types of financial compensation to help rebuild your family’s life.
What is Wrongful Death?
Wrongful death occurs when a person dies as the consequence of negligent, wrongful, or wanton conduct of another person or party. A negligent party could include a company, government agency, or other entity.
A wrongful death claim differs from survival action as a survival action is not made on behalf of the surviving family members. In a wrongful death claim, usually a surviving spouse, domestic partner, and/or child of the deceased can bring forth a lawsuit. Conversely, a survival action is brought on behalf of the deceased person’s estate to compensate the person who passed away, usually orchestrated by the administrator of the deceased person’s estate.
What Are Common Causes of Wrongful Death?
Wrongful death can arise in a myriad of ways. Common causes of wrongful death include, but are not limited to:
- Birth injuries
- Car collisions
- Motorcycle accidents
- Pedestrian accidents
- Trucking collisions
- Skiing accidents
- Defective products
- Workplace accidents
Any accident that results in the death of a loved one should be reviewed by an experienced wrongful death attorney. There may be opportunities to recover compensation to help pay various bills and expenses related to the accident and build a better future for your family.
What Can Be Recovered in a Wrongful Death Lawsuit?
Generally speaking, wrongful death lawsuits have two main avenues for compensation: economic damages and non-economic damages.
“Economic damages involve expenses that the deceased’s estate or family incur as a result of his or her death,” notes Houston wrongful death lawyer Andrew Kumar, “the deceased’s family may receive compensation for the following: loss of earning capacity, loss of inheritance, medical bills, and burial expenses.”
Non-economic damages involve intangible physical and emotional pain. Common non-economic damages include loss of care and support, mental anguish and pain, loss of love and comfort.
Punitive damages can also be awarded in cases where extreme negligence or wanton behavior contributed to the death of a loved one. While punitive damages are rarely rewarded, they are yet another way to recover compensation for wrongful death.
What To Do After the Wrongful Death of a Loved One
The death of a loved one is hard to process. When the death of a loved one was preventable and due to the negligence of another, it can be even more difficult to process.
If you lost a loved one due to negligence, you may be able to recover three different types of compensation to help compensate for your loss. While no amount of money will suffice, recovering damages in a wrongful death case can help ease financial stress and allow you to focus on rebuilding your life.