Wrongful Death Lawyer
If a person was accidentally killed through someone else’s negligence or if they died through another’s misconduct (such as murdered), the members of the deceased’s family can sue the offender for a wrongful death. Thus, someone might not be found guilty of murdering a deceased person, but it is possible that they could be found guilty of wrongful death if their actions furthered the chances of the deceased’s passing. Getting the right legal help for your wrongful death case can make a world of difference for the deceased’s surviving family members, attorneys are here to help you.
How Does a Wrongful Death Suit Arise?
There are many causes of a person’s wrongful death and sadly it can take on many forms. The causes that a person might be most familiar with are:
- Getting into an automobile accident
- Being the victim of some sort of crime
- Exposure to hazards or being killed at their place of work
- A doctor or hospital’s medical malpractice
Clearly, there are many situations that can cause the wrongful death of a person, and it can happen intentionally or unintentionally.
Four Main Elements of a Wrongful Death Lawsuit
When pursuing a wrongful death claim, we help our clients identify four elements that must be present when moving forward with this suit. These elements are:
- The death of your loved one occurred.
- Another person’s intention to cause harm or their negligence caused the person’s death.
- The surviving family members are seeking damages to compensate for economic or non-economic reasons.
- There is a person appointed as representative for this claim.
What Damages Are Available To Surviving Family Members?
As with many cases—like a personal injury case—there are three types of damages that surviving family members typically seek. These are:
- Economic
- Non-Economic, and
- Punitive
Economic. Economic damages that a family seeks would be things like loss of income, loss of benefits, loss of future earnings, and expenses tied to medical costs if the was in the hospital before they passed away.
Non-Economic. Non-economic damages would be a loss of love, a loss of companionship, a loss of parental guidance, and a loss of consortium.
Punitive. Court’s do not award punitive damages as commonly as the two aforementioned types of damages. However, a jury will award them if the defendant’s actions during the deceased’s time of death were particularly egregious or disturbing. These damages serve both to punish the defendant and issue a warning for others not to behave in a similar fashion.
How Can a Lawyer Help With My Wrongful Death Case?
Wrongful death cases can quickly become complex, and a wrongful death lawyer Orlando relies on can go above and beyond to ensure they examine every facet of your case to bring justice to your loved one’s wrongful death.
Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their insight into wrongful death claims.
