What is Wrongful Death?
Of all the personal injury types, it is safe to say wrongful death is the worst of its kind. Sadly, people pass away all the time unexpectedly, making sure justice is served is a must for these unfortunate people. Obviously, the deceased individual will not be able to file a lawsuit. Therefore, it is up to a family member or loved one to file on behalf of the deceased person. The person filing for the deceased person is known as the executor of the estate. In wrongful death, a successful suit will bring justice and compensation to the victims involved.
Proving Wrongful Death
Again, as mentioned above the executor of the estate will be responsible for the legal matters surrounding the deceased individual. After a lawsuit has be successfully filed the executor is in charge of making sure any damages or compensation is added to the deceased persons estate. In order to fully prove wrongful death a few things are needed from the executor involved. Firstly, you will need to prove that someone has died. Secondly, you must prove that the death happened intentionally or took place because of some type of negligence. Lastly, you must prove that you are suffering monetarily from the loss.
Instances why wrongful death takes place:
- Auto Accident
- Criminal Acts
- Medical Malpractice
Wrongful Death Damages
Most usually, the damages surrounding wrongful death cases fall into 2 categories, pecuniary and monetary. First off, pecuniary damages consist of loss of support, inheritance, services, medical expenses, and funeral expenses. Monetary losses can be simply defined as losing money. Pecuniary loss will be determined by a judge and jury who will consider a few aspects. To clarify, the judge or jury may ask about your overall character and things below.
- Your age
- Your health
- Your character
- Your intelligence
Wrongful Death & Children
When it comes to wrongful death, the value on one’s life is based usually on that persons earning potential. Therefore, wrongful death cases surrounding children may be complicated. Parents who are subjected to wrongful death of their child are usually limited to just financial loss. That being said, there are certain factors which go in to determine the financial loss. As a result, factors like the child’s age, sex, health, habits, and life expectancy are considered. Once again, wrongful death has to do with a person’s overall earning potential. Therefore, payments are usually smaller when compared to a full-grown adult making a paycheck each week.
Wrongful Death & The Elderly
Similarly, to wrongful death in children, award amounts will be smaller in most cases where the elderly are involved. In addition, the fact that most elderly people’s children are grown adults, make the award amounts smaller. Lastly, a retired person no longer has any real earning potential, and again wrongful death awards are based earning potential. Elderly wrongful death cases can be complicated, and it is best to contact one of our personal injury lawyers.