Wrongful death claims can provide compensation for families who have lost a loved one due to the negligence or intentional wrongdoing of another. The monetary damages awarded can help cover burial expenses, medical bills, and more.
A successful wrongful death claim can also serve as a deterrent to others. The significant damages available in these cases show that negligent behavior will not be tolerated and punished.
Proximate Causation
The death of a loved one can be a traumatic experience. It can also be stressful and costly, especially if you are facing medical bills, funeral expenses, and loss of income. Bringing a wrongful death lawsuit against the responsible parties can help you recover damages that can ease some of your stress and give you a sense of justice.
A wrongful death claim Tampa, FL, often involves issues of proximate cause. Proximate causation establishes a link between the defendant’s action and the injury suffered by the plaintiff. Injury attorneys establish this link using a but-for test. For example, suppose a driver ran a red light and struck another vehicle. In that case, injury lawyers can demonstrate proximate cause by showing that the driver knew or should have known their actions could cause injuries.
Sometimes, though, accidents occur due to unforeseeable events. It may not be possible to prove a proximate cause in these circumstances. Nevertheless, a skilled wrongful death attorney can present compelling evidence in arguing for your case.
Damages
Losing a family member is always tricky, but when the death comes as the result of someone else’s negligence, it can be particularly distressing. While no amount of money can compensate for the loss of a close loved one, filing a wrongful death claim allows surviving family members to pursue financial compensation.
These damages can include compensatory and punitive damages. Compensatory damages can cover calculable costs, such as funeral expenses, medical bills, and lost income. Additionally, these damages can account for non-calculable losses, such as the loss of companionship, love, and guidance a deceased loved one provided to the family.
Punitive damages are less common, but these can help punish a defendant and convey that such behavior will not be tolerated. This can help deter similar incidents from occurring in the future. These damages can also fund additional measures, such as safety improvements or training programs. Unlike in criminal cases, the burden of proof for wrongful deaths is only “more likely than not.” This means that a plaintiff’s attorney must only be about 50% certain that the defendant was responsible for the death to win a civil case.
Statute of Limitations
Every state has laws that set a specific time limit for when you can file a lawsuit. These rules are known as statutes of limitations, and they apply to all types of legal claims.
If you miss this deadline, your right to seek compensation is lost forever. Your attorney can review your case with you to ensure that the statute of limitations does not expire before filing a lawsuit.
There are several different types of monetary damages in wrongful death cases, including funeral and burial costs, medical bills, and lost income. Your lawyer may require expert analysis of lifetime earnings, yearly salary increases, and inflation to demonstrate lost revenue. Non-economic damages may include emotional pain and suffering, grief, sorrow, and loss of companionship. However, it can be difficult for plaintiffs to prove these damages. This is why an experienced attorney can assist with this type of claim.
Inheritance
Although no amount of money can replace a family member, wrongful death claims can provide compensation for financial losses and allow surviving relatives to achieve justice. Furthermore, significant damages awards can serve as a deterrent to others that negligent or intentional behaviors that put people’s lives at risk will not be tolerated or go unpunished.
Wrongful death lawsuits are generally brought by the personal representative of a victim’s estate. A personal representative can be named in a victim’s will or appointed by the court. In some states, designated beneficiaries have standing to file a wrongful death claim in addition to, or lieu of, other parties with standing enumerated by statute.
Eligible survivors are specified in each state’s wrongful death statutes. These typically include a surviving spouse, adult children or the parents of unmarried children, and financial dependents such as putative spouses. Distant family members like siblings, grandparents, and aunts or uncles may also be eligible in some cases.