If you are dealing with a wrongful death case, it is important to know the elements that go into it.
We know how hard it is to lose a loved one. It becomes especially difficult when the loss was because of something that could have been avoided. Lawsuits are already complicated enough, but a wrongful death case can be very emotionally taxing. If you are unsure how a wrongful death lawsuit works, we are here to help. Here are the elements of a wrongful death lawsuit.
What Constitutes Wrongful Death?
In order to bring on a wrongful death lawsuit, there must have been a death caused by either negligence or the intent to harm. In addition to the damages the deceased individual can claim, the surviving family members of the decedent may file claims for their own pain and suffering as a result of the death of the family member. Some of the circumstances that constitute wrongful death are:
· Automobile accident
· Exposure to dangerous chemical or environments at work
· Criminal behavior
Damages
In a wrongful death case, reimbursement is provided for pecuniary (financial) injuries as a result of the death, in addition to the damages for emotional and physical pain and suffering. This is classified by any loss of support, services, inheritances, medical, and funeral expenses. The damages awarded should be compensation for these financial losses. If the person trying to receive the money was responsible for medical bills or funeral expenses, those can be fully reimbursed as well. When deciding the extent of a person’s pecuniary injuries, the court takes into consideration the age, character, and condition of the deceased. They then consider the earning capacity, life expectancy, and health of the person that is bringing on the lawsuit.
Survival Actions
You can also file a survival action in addition to the wrongful death case. This claim is brought by the personal representative of the decedent and is for the emotional and physical pain the decedent suffered before they passed away. In this case, you may also be able to receive compensation for the personal injuries that they endured before their death. When deciding whether damages should be awarded for this reason, the court considers how conscious the deceased person was at the time of their injuries, the severity of their pain, and how apprehensive they were about their possible death.
Has Your Loved One Been A Victim Of Wrongful Death? Contact The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.