The Basics of a Wrongful Death Case
Posted on Monday, July 27th, 2015
A wrongful death case can be filed in the event that someone’s loved one dies due to a negligent act or misconduct of another individual, company, product, or business entity. Losing a loved one is difficult enough on its own. Losing a loved one due to the negligence of another person can be unbearable. These types of unexpected and premature deaths often leave immediate burdens that can overwhelm surviving loved ones. The surviving loved ones that choose to file a wrongful death case are expected to receive compensation for all of the losses they have suffered due to the death of their loved one. In order to file a wrongful death claim, the survivors must hire an attorney specializing in wrongful death cases to seek the highest amount of compensation for all of their losses.
Normally, when it comes to wrongful death cases, the individual filing the claim is immediately related to or the spouse of the victim who has suddenly passed away. These people are called the plaintiffs, and are responsible for bringing action against who they claim have killed their loved one. The person or persons they file the wrongful death suit against is labeled as the defendant. In a wrongful death lawsuit, it is certainly possible to have multiple defendants, not just one. Defendants in wrongful death lawsuits can be an individual or multiple individuals, business entities and/or government agencies.
If you are a survivor filing a wrongful death case, the court will consider the following for compensation for factors that include (but are not limited to):
- Funeral and medical expenses associated with the death of your loved one
- The salary of money earned by the loved one that has passed
- The amount the deceased had accrued in savings
- Emotional distress
- Loss of companionship
- The degree in which the loved ones were financially and emotionally dependent on the loved one
- The loss of any benefits derived from the loved one who has passed
The loss is irreplaceable when it comes to a wrongful death suit. However, you do have the right to seek compensation for your loss and hold the guilty party responsible for their actions. When filing a wrongful death lawsuit, make sure to have a sensitive, knowledgeable and experienced attorney by your side to get everything you are justly entitled to. Call (916) 419-1111 today so we can help you heal through this process