Death is inevitable, especially in this world. It is quite hard to understand how things like this happen; it could be any day of the week, month, or even the year. A relative may be lost through unforeseen accidents, tragedies or even natural calamities.
Experiencing this firsthand is traumatic and can leave you lost at some point, finding ways on how to deal with this kind of problem. The next step would include thinking of ways on how to deal with the loss. Some lose loved ones through grim situations, while others lose their loved ones while being in the hospital. Part of facing the loss is dealing with the funeral, burial, and filing the necessary papers in court in order to resolve some of the issues.
Accidental death is something that could be dealt with in an easier way but if it’s a wrongful death, it might need something more than just understanding. It may entail some necessary actions and even some paper work.
Defining Wrongful Death
In most search results, wrongful death is defined as a claim versus a specific person who may be responsible for a death. Legally speaking, the claim is brought in as a civil action that is usually spearheaded by the immediate family members of the deceased included in the statute.
These type of claim can envelope almost every kind of serious and deadly accident that there is. Whether it may be a simple vehicular accident to a medical malpractice to liability cases involving various products or medicines, it may be included and filed as a wrongful death if it were found to be true. A person, company or even a government body [or agent] may be sued legally for acting inadequately and willfully. Their actions have affected a certain person or patient which resulted to their unexpected demise.
What composes a wrongful death?
Given the situation, filing for an action cannot move forward without the necessary elements. These are the elements that must be noted for your benefit.
|Death of someone [family member or friend]||Someone’s wilful negligence that resulted to wrongful death||Survival of the deceased’s family who are suffering from financial issues||Delegation of someone to be the representative for the deceased’s estate|
This particular circumstance can sprout from these situations.
|It was caused by a medical malpractice done on the deceased.||Vehicular or aerial accident||Workplace hazard or exposure to toxic chemicals at work||Suspicious felonious attitude||Death due to an unforeseen event|
Things to consider in a wrongful death case
In pursuing an action regarding wrongful death in the family, there are some requisites that every family member must know and learn before doing anything from their part.
Here are some points that you may consider before making any decision regarding
Examining the financial loss
In considering the financial loss of families that lost their loved ones through wrongful death, it is vital to check their traits, how well they took care of their bodies, their work performance and even their age. For some, this may be peculiar and straightforward, yet it is found to be very helpful especially in gauging the definite financial loss (especially after the sudden death of the person).
When an adult employee who has their own family passes away, there are factors that would be examined in order to figure out how much would they be able to recover from the unearned wages, the guidance that the children would require, and even the mental health struggle that the wife may face due to the loss.
These instances may be considered by the jury and might decide to allocate some resources to the family who were left behind.
Presenting an expert’s testimony for the financial loss
The family must have started a legal action in order to claim for damages for the wrongful death that has happened. However, their journey is not that easy. The court may require expert testimony of knowledgeable persons who know the advantage that the deceased has given the company. Hence, it is best to present to court an expert who can shed some light on questions that they may have.
Penal damages are given to parties that have been wronged by a specific person. Most of the time, the plaintiff (or sometimes the family) might not be able to recover parts or even the whole of the penal damages.
Modification in the jury’s awards
In cases particularly about wrongful death, it is not the judge who determines what will be the outcome of the case but it is the jury. Though even if they are the ones who decide, it is not the final verdict; but it greatly affects how much the deceased’s family will be able to receive as part of remuneration for the damages they incurred.
When things like these happen, it must be noted that it is best to gather and collate the data that you can that may be used to help the case. Other than that, it is also best to consult and seek professional help from a lawyer who specialises in wrongful death similar to this one here.
Timothy is a budding law writer who enjoys all aspect of the law industry. He’s currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.