A wrongful death action is an option in certain situations. These actions can be taken against anyone who has caused by negligent action or inaction the death of an individual. The actions are filed by the survivors and are filed for monetary damages. Before this starts sounding like it’s akin to putting a price tag on someone’s life, understand that it’s different than that.
Why Sue for Wrongful Death?
In any family, each member contributes something to the whole. It may be an income, skills that allow for the maintenance of the family dwelling, help running a farm or anything else. Everyone contributes. When someone is killed because of the negligence of another, the surviving family oftentimes ends up suffering far more than emotional scars.
In some situations, the loss of a primary breadwinner may leave a family destitute. This is not acceptable when that death should have been avoided in the first place. Wrongful death lawsuits are designed to make sure that the family has some option to go on with their lives after they’ve lost someone. In some cases, this may actually be the only way that the family would survive.
Assessing Damages For Wrongful Death
The hardest part of wrongful death claims is usually figuring out how much the death impacted the family financially. It’s important to remember that this is what’s being discussed, as opposed to putting a price on someone’s life. The person’s life can never be replaced. The financial burdens placed on the family because of losing the person, however, can be alleviated and there are concrete figures that can usually be attached to them.
Your personal injury lawyer will help you to determine how much you should seek in damages. This will be based on your situation and on past cases and how much they awarded the plaintiffs. The attorney will make sure that you seek a fair amount.
Who Causes Wrongful Deaths?
Anyone who takes a life out of negligence can be held liable for having caused a wrongful death. Remember that there are sometimes criminal charges that people who end up causing a wrongful death face. These charges do not impact your lawsuit. Whether or not they’re found guilty, you can sue. The civil lawsuit is designed to provide for the survivors. The state and its criminal justice system will take care of themselves and you only need to concern yourself with surviving.
A wrongful death lawsuit can be very painful. The compensation that families sometimes receive, however, can enable them to go on and to avoid having the worst happen because they lost someone whose income and support they depended upon dearly. Like most lawsuits, there are limitations on how long you have to file a wrongful death action. You’ll want to speak with a personal injury attorney as soon as you can. They can let you know how much time you have left to make this decision and make sure you know about your options as far as filing a lawsuit is concerned. Contact an attorney soon to find out.