No amount of money can compensate for or replace the loss of a loved one. Monetary compensation provides a sense of support to the family of the deceased in dealing with the loss. If you have lost your loved one in a preventable accident or a violent act, filing a wrongful death claim helps you seek financial compensation from the defaulting party. However, the procedure to evaluate the value of the loss of human life is complex.
Here are the three key factors that influence wrongful death evaluation:
Negligence and breach of duty
Negligence is a legal jargon that describes many wrongful death actions arising out of carelessness, neglect, unskillfulness, or default. The service rendering party must fulfill specific duties of care to ensure proper safety measures and other concerns. To prove the other party’s negligence, you must present evidence. The following factors need to be confirmed to prove the other party’s negligence:
- The other party owed a duty of care to the deceased person
- The other party did not uphold the duty of care
- Failing to fulfill the task resulted in the injuries that lead to the death of the deceased
Intentional wrongful act
In an intentional tort claim, the defendant is alleged for harming the person intentionally. Your attorney can pursue a wrongful death claim if the death of your loved one is because of a deliberate unlawful act. Such wrongful death claims proceed in a civil court. Your attorney can prove the intentional wrongdoing of the offender by collecting the evidence collected under law enforcement.
It is a misbelief that if the offender is not convicted of the crime, the other party doesn’t hold a chance to recover from a wrongful death claim. However, it is far from reality because the standard for proof is higher in a criminal court than in a civil court.
Damages in a wrongful death
Damages refer to physical, financial, and psychological injuries. During a wrongful death claim, you can seek compensation for various potential damages resulting from economic damages such as:
- Funeral and burial expenses,
- Medical expenses incurred before the death of your loved one,
- Loss of an individual’s income and monetary support like health insurance or a pension.
You can also pursue compensation for emotional distress such as-
- mental trauma,
- loss of companionship, and the services rendered by loved ones like housework and childcare.
However, your attorney must collect evidence to justify your claim. Following are some examples of evidence that prove the damages incurred in wrongful death:
- Analysis and testimony from occupational experts for lost income and earning capacity
- Monetary bills and records
- An estimated loss of inheritance by financial experts
- Testimony from psychologists for the emotional suffering
- Corroboration proving that death resulted in the decrease in the standards of living
About The Wotitzky Law Firm
If you’re searching for a lawyer to assist your wrongful death claim and evaluations, The Wotitzky Law Firm is your one-stop destination. We are a trusted law practice with extensive experience in personal injury, civil litigation, corporate law, and family law. We have a team comprising highly competent and experienced legal professionals and attorneys committed to providing the best services to all your legal needs. You can contact us on +1 941-639-2171.