Losing a loved one is never easy, even if it’s due to a long-term illness. However, when that death is due to someone else’s negligence, the situation is even harder to deal with. When that death involves a breadwinner in the family, it also comes with financial impacts, as well as emotional ones. Depending on the circumstances, the family may be able to seek compensation for those impacts.
Not just anyone can file a wrongful death lawsuit. To do so, you must be the spouse, child, parent, or other dependent of the decedent. However, note that the laws governing who can file a wrongful death lawsuit vary from state to state.
If you’re seeking compensation for the financial and emotional impacts of a wrongful death, it’s important to know the types of damages that might be awarded and the factors that affect how much compensation you might see.
Economic damages are the easiest to quantify. For instance, the loss of income from a breadwinner can easily be defined. However, there are other costs, like future financial support, as well as immediate ones like the cost of a funeral to consider. There are also non-economic damages, which include pain and suffering and the emotional and physical distress experienced by the survivors.
However, several factors will affect the amount of compensation you’re awarded in your case. The most important of these is liability. The clearer the responsible party’s liability in the case, the more likely it is you’ll receive a settlement offer or beneficial verdict.
Your probable economic losses also matter. If you can demonstrate that you’ve experienced significant economic losses due to the wrongful death of your loved one, it will help strengthen your case and improve the chances of being awarded compensation.
Proving the emotional impact of the death on you and your family can be challenging, but it will also bear on any compensation you’re awarded. If the responsible party’s actions or negligence were particularly egregious, there’s also a chance that you’ll see punitive damages.
If you’ve lost a loved one due to the actions or negligence of someone else, you may be entitled to compensation for the financial and emotional impacts of that death. At Grewer Law, we can help you understand the best path forward for closure and to begin the healing process.
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