Filing A Wrongful Death Lawsuit: How A Wrongful Death Is Determined And Damages Are Assessed

Law Blog

A wrongful death lawsuit is one that is filed against a defendant that caused the death of another person either through negligent behavior or on purpose. While the deceased isn't going to benefit financially, the estate of the deceased person will. In fact, it is a representative of the estate that files the wrongful death lawsuit on behalf of the family and surviving heirs.

A Wrongful Death Lawsuit is the Step Above a Personal Injury Lawsuit

If a person is injured through the negligence or purposely harmful behavior of another party, but they remain alive, they would file a personal injury lawsuit. When the victim dies because of the same behavior, the lawsuit becomes a wrongful death lawsuit. Proving negligence or intentional harm is still necessary in order to win the lawsuit, but in either case the liable party can be sued for damages because of injury or death.

Damage Assessment in a Wrongful Death Lawsuit

Once a wrongful death lawsuit is won, assessing financial damages that will be awarded to the victim's estate becomes necessary. A number of factors that are considered include

  • how much the deceased suffered prior to dying
  • funeral, burial, and medical costs from treatment due to the injuries
  • loss of companionship
  • the projected income the deceased would have provided if they had lived
  • for children, the loss of the parent's guidance, love and nurturing

Each wrongful death lawsuit is different, and only a qualified attorney can assess your situation to see if it has merit. Wrongful death lawsuits provide compensation to spouses of the victim, parents of the victim if the victim was a minor, and to minors who have lost a parent because of a wrongful death. It is much harder to prove a financial loss for anyone that isn't as closely related.

For example, if an adult loses their elderly mother in what they believe is a wrongful death suit, compensation may be difficult to seek. If mom wasn't working anymore, they would have no projected income. If they were elderly, they have already raised, nurtured, and provided guidance to their child. Although the adult child suffers, it is not under the same legal standards as a child who is a minor.

When you believe the death of a loved one has been due to the negligence or intentional harm of another person, it's time to sit down with an experience wrongful death attorney, such as Burgess & Perigard, to discuss your case. You are entitled to financial compensation, which will help ease the burden caused by the death of your loved one.


4 December 2014

Every Business Owner Needs to Be Well-versed in Law

While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!