The loss of a loved one can be financially and emotionally challenging. The unexpected death of a loved one in an accident, such as a car or truck accident, because of another party’s negligence, can in particular make day-to-day life difficult. If you have tragically suffered the loss of a loved one in a car or truck accident because of a negligent driver or other negligent party, you may wonder what legal options and remedies might be available to you.
A wrongful death claim for damages following the loss of a loved one can provide much needed support for surviving family members. Depending on the circumstances, and characteristics of the victim, families may be able to recover compensation for a variety of damages suffered as a result of the tragic loss, including financial and emotional damages. Surviving family members may be able to recover medical and funeral expenses, lost prospect of inheritance, loss of support and services, pain and suffering and other types of damages through the wrongful death claim process.
To determine damages the family may be able to recover, a variety of considerations may be evaluated including the age, character and condition of the lost loved one; the earning capacity of the lost loved one; the life expectancy of the lost loved one; the health and intelligence of the lost loved one, as well as the circumstances of the surviving family members. Wrongful death claims for damages can be brought according to wrongful death statutes that may vary somewhat by state. A wrongful death claim is brought by a representative of the lost loved one’s estate for the benefit of surviving family members.
It is valuable for surviving family members of lost loved ones killed because of the negligence of another party to be familiar with the wrongful death claims process. The period of time following the unexpected loss of a loved one can be unspeakably challenging, which is why legal options are available to help family members.
Source: Injury.findlaw.com, “Wrongful Death Overview,” Accessed Jan. 31, 2017