It can be very difficult to wrap your head around the loss of a loved one. It can be ten times as difficult when the loss is deemed to be a wrongful death, which means it was caused by someone else’s negligent actions or failure to act.
Let’s take a look at the basics surrounding a wrongful death case so that you have a better understanding of what is needed to win a lawsuit.
In order for a case to be considered wrongful death it must include all of the following items:
- Someone had to have passed away
- The death must have been caused by the intent to harm or negligence of another person
- There are surviving family members who are now suffering either emotional or financial harm or both
- A personal representative for the decedent’s estate must be appointed
When a wrongful death case is opened, it will typically only involve financial losses to the surviving family members. This will include the loss of support from the deceased, medical expenses, funeral expenses and the lost prospect of inheritance.
When trying to value the life of a victim of wrongful death, the court will need to determine the earning potential of the victim. This can be difficult, especially if the person who died was young and at the beginning of their career.
The wrongful death of a loved one is tragic and overwhelming. Your life will be forever changed. It might take years for you to recover and heal from such a loss. Make sure you know what to expect if you decide to pursue legal action for the wrongful death of your loved one.
