The Value of a Wrongful Death Case
Justin Sheldon—January 24, 2022
When a loved one dies as the result of someone else’s negligence, it can be hard to know what to do next. Filing a wrongful death lawsuit may be the best way to get justice for your loved one and ensure that their death doesn’t go unpunished.
What is a wrongful death case?
A wrongful death case is a civil action brought by certain surviving family members against another party who is believed to be responsible for the decedent’s death. The purpose of such a suit is to recover damages, which may include monetary compensation for the loss of love and companionship, as well as funeral and burial expenses.
In some cases, punitive damages may also be awarded in order to punish the defendants and deter others from engaging in similar conduct. In order to succeed in a wrongful death action, the plaintiffs must prove that the defendants were negligent or otherwise at fault for the decedent’s death. This can be a difficult burden to meet, but with the help of an experienced attorney, it may be possible to obtain justice for your loved one.
What is the value of a wrongful death case?
The loss of a loved one is always difficult to cope with, but it can be especially hard when the death was caused by someone else’s negligence. If you have lost a family member due to someone else’s carelessness, you may be able to file a wrongful death lawsuit. While no amount of money can ever truly compensate you for your loss, a successful lawsuit can help to hold the responsible party accountable and provide some financial relief during this difficult time.
In addition, a wrongful death suit can also help to deter others from engaging in similar negligent behavior in the future. For all of these reasons, wrongful death lawsuits play an important role in our justice system.
What are the different types of damages that can be recovered in a wrongful death case?
There are many different types of damages that can be recovered in a wrongful death case. The most common type of damages is economic damages, which includes things like medical expenses, funeral and burial expenses, lost wages, and lost benefits. Non-economic damages, such as pain and suffering and loss of companionship, are also commonly awarded in wrongful death cases.
In some cases, punitive damages may also be awarded in order to punish the person responsible for the death. Each state has its own rules about what types of damages can be recovered in a wrongful death case, so it is important to consult with an experienced attorney to learn more about what might be available in your particular case.
How do you prove that the death was caused by the negligence of another
In order to prove that someone else’s negligence caused a death, it is necessary to show that the death would not have occurred but for the negligence. In other words, it must be shown that negligence was the direct and proximate cause of the death. This can be difficult to do, as there are often many factors that contribute to a person’s death.
However, if it can be proven that negligence was a substantial factor in causing the death, then liability will usually be imposed. For example, if a driver runs a red light and hits a pedestrian, causing the pedestrian to die, it will be clear that the driver’s negligence caused the death. However, if the pedestrian was already sick and would have died even without being hit by the car, then it may be more difficult to prove that the driver’s negligence caused the death. In such cases, expert testimony may be necessary to establish causation.
What are some common defenses to a wrongful death claim
One such defense is that the victim was partially responsible for their own death. For example, if the victim was not wearing a seatbelt at the time of the accident, the defendant may argue that they would not have been killed if they had been properly restrained.
Another common defense is that the victim did not die immediately as a result of the accident, but succumbed to their injuries at a later date. In this case, the defendant may argue that they are not responsible for the victim’s death. While these are just two possible defenses, it’s important to be aware of them before you proceed with a wrongful death claim. Otherwise, you may find yourself at a disadvantage when it comes time to assert your rights in court.
How long do you have to file a wrongful death claim?
If you find yourself in this situation, you may be wondering how long you have to file a wrongful death claim. The answer will depend on the laws of your state, but in general, you will have two years from the date of your loved one’s death to take legal action.
It is important to note that this time frame may be different if the death was caused by medical malpractice or if the defendant is a government entity. However, no matter what the circumstances are, it is important to speak with an experienced wrongful death attorney as soon as possible so that you can protect your rights and get the compensation you deserve.
Who can file a wrongful death claim?
After the death of a loved one, no amount of money can truly compensate for the loss. However, filing a wrongful death claim can help to ease the financial burden and hold the responsible party accountable for their actions. Under most state laws, the surviving spouse, children, or parents of the deceased are eligible to file a claim within two years of the loss. In some cases, other family members may also be able to pursue damages.
An experienced wrongful death attorney can help you determine who is eligible to file a claim and what type of damages may be available. While no amount of money can bring back a lost loved one, pursuing a wrongful death claim can help to provide closure and justice.
What are some examples of wrongful death cases?
In order for a case to be considered wrongful death, there must be evidence that the death would not have occurred but for the actions of the defendant. Some of the most common examples of wrongful death cases involve car accidents, medical negligence, and workplace accidents.
In each of these cases, the victim’s family may be able to file a lawsuit against the party responsible for their loved one’s death. While no amount of money can ever truly compensate for the loss of a life, pursuing a wrongful death claim can help bring a sense of justice to the victim’s family and hold the responsible party accountable for their actions.
What is the average settlement for a wrongful death case?
Wrongful death settlements vary based on the circumstances of the case. Fault, eyewitness testimony, and the age, health, and earnings of the deceased are all factors that can affect the amount of damages that are awarded. In general, however, wrongful death settlements fall into one of three categories: medical bills and funeral expenses, lost wages and benefits, and pain and suffering. Damages for lost wages and benefits are typically calculated based on the victim’s life expectancy and earnings potential. Pain and suffering damages are intended to compensate the victim’s family for their loss.
These damages can be awarded even if the victim did not experience physical pain before their death. While there is no formula for calculating wrongful death damages, a knowledgeable attorney can help to ensure that you receive the compensation you deserve.
Contact the expert wrongful death attorneys at Breit Biniazan for professional legal representation.
Justin Sheldon's law career of over ten years began with a sympathy for those who had been injured and a passion for representing those injury victims. With years of experience, ongoing legal education, and various awards winnings, Justin provides the expert and fierce legal representation that Virginia personal injury victims both require and deserve.