A wrongful death case may be a difficult process for the family of the decedent, but it is a process that can lead to long-term financial and emotional recovery. One of the most important steps when filing a wrongful death suit is hiring a knowledgeable lawyer that knows the applicable laws and personal injury forms, can help move the case through the court system quickly and can help explain each step of the process with care and concern for your family.
Wrongful Death Case Types
There are many types of wrongful death cases and most of them rely on the negligence of the defendant in the case. Doctor’s malpractice may result in death and an accompanying wrongful death suit. A death resulting from a car accident may necessitate a case whether it was another driver’s fault or there was a defect in the car they were driving that caused their death or didn’t work correctly to prevent their death. Work-related deaths due to faulty equipment, slips and falls, and other hazards may also be considered for a wrongful death lawsuit.
Fair Compensation for Wrongful Death
The compensation awarded to a family after a wrongful death has been determined will be calculated based on several factors. Not all factors will apply to every family, so your personal injury lawyer can help determine them for you.
The most common compensatory damage awards include the medical bills that arose due to the decedent’s illness or injury as well as final expenses such as their funeral. If the person suffered before their wrongful death, then the pain and suffering of the decedent will be taken into account. Other factors that can be considered would be the loss of income that the family member would have brought into the home had they still been able to work as well as the loss of services they would provide, such as mowing the lawn. Even the loss of love and affection can be considered when filing a wrongful death case.
Holding the Party Accountable
Whether it was a doctor’s negligence or the irresponsibility of another driver on the road, the person who caused the wrongful death may not receive criminal charges for the wrongful death, but they can still be held liable for it financially in a civil suit like a wrongful death case. Sometimes, keeping the person or party responsible for the wrongful death can help their family through the grieving process.
Support for Survivors
The compensation received from a wrongful death case is meant to help support the family that the decedent would have supported had he not passed away. The most substantial part of financial compensation is meant to help financially support the decedent’s children, especially if they are still minors. The funds can be used to help pay for their housing, clothing, and food as well as other reasonable expenses. The compensation may also be placed in a trust fund to be used by the decedent’s children as of a certain age, or to pay for college expenses.
If you aren’t sure if the situation calls for a wrongful death lawsuit, a free consultation with a personal injury attorney may be able to give you some answers. Martin Gasparian of the Maison Law Firm may also be able to represent you and your family in a wrongful death case, making the court process much easier for all involved. Call the office at (559) 203-3333 to schedule that consultation.
