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A primer on wrongful death claims

On Behalf of | Jan 7, 2020 | wrongful death

The sudden loss of a loved one is nothing short of tragic. The mere emotional devastation can be too much to handle, let alone the financial realities that often accompany such a loss. Sadly, when taken together, the damages suffered after a fatal accident often leave surviving family members overwhelmed and concerned for their future. Although these family members may not want to think about the legalities of their situation, oftentimes pursuing a wrongful death claim can provide them with the closure and compensation they need to move on.

There are a number of damages that are recoverable in a wrongful death lawsuit. If successful on one of these claims, surviving family members can recover compensation for medical expenses and lost wages. Other damages may be available, too, such as loss of support and loss of consortium. While economic damages like medical expenses and funeral costs may be easy to calculate, noneconomic damages are more challenging, which means that they are open for argument. Therefore, surviving family members should be prepared to present evidence to support why a certain amount of compensation should be awarded to them.

Of course, these damages are only recoverable if liability can be imposed. This means that surviving family members have to present evidence that the negligent party in question caused their loved one’s death. In a fatal car accident, this means demonstrating how the driver who caused the accident was acting negligently at the time. This may include showing that the motorist was texting and driving, driving while intoxicated or falling asleep behind the wheel when the wreck occurred.

All of these complexities can be overwhelming for families that are simply trying to focus on healing and remembering their loved one. Fortunately, they don’t have to face these legal challenges on their own. Instead, they can seek help from a qualified legal professional who is experienced in this area of the law. Perhaps then they can attain an outcome that supports them in their efforts to move forward.