Losing a loved one is never easy, it takes time to recover from a devastating loss. However, it is even more difficult if your loved one died due to someone else’s negligence. The following is an overview of personal injury law and how it relates to wrongful death cases. If you have lost a family member to someone who was negligent, it may be helpful for you to consult a personal injury attorney for advice.

Wrongful Death Claims

There are many different scenarios that can lead to the filing of a wrongful death lawsuit. Some of the most common causes of these types of claims include:

  • Medical Malpractice Claims
  • Car Crashes
  • Airplane Accidents
  • Birth Injuries
  • Commercial Truck Accidents
  • Work Related Accidents

Wrongful Death Damages

The court system determines damages in wrongful death lawsuits. Some damages you may be awarded include:

  • Medical Costs
  • Funeral Bills
  • Outstanding Hospital Bills
  • Emotional Distress
  • Pain And Suffering

The court may also assign damages for loss of income, loss of services and loss of inheritance in certain instances. To determine the amount to be awarded, the court considers the following factors:

  • The Age Of The Deceased
  • Earning Capacity Of The Deceased
  • Loss Of Income
  • Loss Of Parental Guidance

Punitive Damages

Punitive damages may also be awarded in wrongful death lawsuits. These damages are usually awarded in cases where malicious intent or gross negligence resulted in someone’s death. Punitive damages are typically harsh and designed to be used as punishment so the at-fault party is discouraged from making the same mistake in the future. Not all states award punitive damages in wrongful death cases, an attorney can let you know if your state allows these damages.

What An Attorney Can Do

A personal injury attorney may be able to help you receive compensation for the death of your loved one by:

  • Hiring Investigators
  • Reviewing Records
  • Obtaining Any Police Reports
  • Speaking With Medical Experts
  • Calculating Funeral Costs And Lost Income
  • Negotiating With The At-Fault Party’s Insurance Company
  • Filing Court Documents
  • Representing Your Family In Court

Wrongful death lawsuits can be very complex, which is why it is important to have an experienced personal injury attorney working for you. An attorney will file court documents within the statute of limitations, which is key to getting your case heard in court. Failure to file a wrongful death lawsuit within the specified time period may cause your case to be thrown out by the court system. Your attorney will oversee every aspect of your case from beginning to end.

If a loved one died due to the negligence of someone else, speak with a personal injury attorney at once. During a consultation, your attorney will review the facts surrounding the death of your loved one and determine if you have grounds to file a wrongful death lawsuit. If you decide to move forward, your attorney will guide your family through the entire process from start to finish. Having an experienced personal injury attorney representing your family and protecting your interests can ease the strain of filing a lawsuit. Once the at-fault party is held accountable for the mistake that claimed the life of your loved one, you will be able to grieve and move on with your life knowing your financial future is more secure once you receive a settlement.