Death is inevitable and unfortunate yet in most situations foul play is not a factor. People pass away because of age, deteriorating health, or disease. In general, there is no scapegoat for death other than it is a tragic byproduct of getting a chance to share this amazing planet with so many others.
However, wrongful death compensation does exist for a reason. Each year, many families of victims decide to hire a wrongful death attorney to receive justice for a tragedy that could have been avoided.
Wrongful death lawsuits provide solace for grieving families that are victims of misconduct or negligence. Wrongful death compensation is a form of damages that surviving members may receive to cover funeral expenses, medical bills, and other expenses.
Find out what constitutes a wrongful death claim and what are the best avenues for filing a lawsuit. In general, these types of lawsuits are complicated and difficult to fight in court which is why hiring a wrongful death attorney is in your best interests.
What is a wrongful death lawsuit?
Loss is never easy to deal with for surviving family members. The grief and misery can take a devastating toll, especially if you feel like the accident could have been avoided in the first place. Moreover, losing a family member can make the future uncertain for surviving family members. It can lead to financial hardship and other emotional damages.
For this reason, various state laws are in place to protect family members from any sort of wrongful death. While laws vary between states, the norm is that wrongful death compensation can help reduce the financial burden on surviving members. It can not only take care of funeral expenses, but potentially other damages that provide financial security and resolution.
Wrongful death lawsuits are a type of civil action presented by the survivors (or the estate) of a person who died against another individual or party that is responsible in some regard for the injuries or death. In these types of lawsuits, proving negligence is the most important challenge for a skilled wrongful death attorney.
Who should file a wrongful death lawsuit?
Sadly, many casualties in the world may be unexpected or unfortunate, however, they does not necessarily qualify for a wrongful death lawsuit. Rather, wrongful death compensation is generally linked to misconduct or negligence.
When a person dies because of negligence or misconduct, the surviving family members have a right to sue. While the laws vary between states, surviving family members may usually seek losses for funeral expenses, wages, emotional damages, and more.
In wrongful death lawsuits, the surviving family members sue another individual or responsible party for contributing to the incident. A wrongful death attorney is a lawyer that specializes in these types of cases. It is usually wise not only to hire legal representation in a court of law but particularly so for wrongful death claims.
This type of litigation is complex and not always easy to prove to a judge. Therefore, hiring a personal attorney that has experience in wrongful death claims goes an extremely long way. Stewart & Stewart specializes in demanding compensation in wrongful death claims. Contact our office today to find out how we can assist your case with absolutely no obligation. Stewart & Stewart is available at (866) 926-2414.
What losses/damages do surviving family members receive?
Wrongful death litigation varies depending on the state, including what (if any) financial burden a guilty party is responsible to pay to the surviving family members. In legal terms, the financial reward you receive from a wrongful death lawsuit is referred to as “damages”.
Legal damages can reduce the financial burden of the family. It can not only cover funeral expenses but other damages depending on the state. Consequently, meeting with a wrongful death attorney for a free consultation can help explain the various damages available to survivors of the victim.
While placing a monetary value on a life is all but impossible, these damages can go a long way in bringing closure to the unfortunate event. When damages are awarded in a wrongful death lawsuit, the courts may consider the following when settling on a financial reward:
- The age of the deceased.
- The earning capacity of the victim.
- The state of health of the victim prior to the death.
- The income of the deceased at the time of death.
- The age and circumstances of the deceased’s dependents.
Wrongful death compensation may cover funeral expenses, medical bills, debt of the estate, or emotional damages of the surviving members.
Contact Stewart & Stewart for Legal Representation
Stewart & Stewart has a long history of assisting victims of wrongful death. The litigation is not only complex but difficult for surviving members to pursue while grieving. As a result, let Stewart & Stewart do the heavy lifting. Contact us today for a free consultation at (866) 926-2414.