Losing a loved one is never easy. The pain that you feel after a loss can be especially deep if your loved one died unexpectedly because of the negligent actions of someone else. A wrongful death lawsuit cannot bring your loved one back but it can help you deal with the devastating effect the loss of a loved one can have on your financial well-being.
A basic understanding of the fundamental principles of a wrongful death lawsuit will help you feel more confident pursuing this course of action in the future.
Eligibility
The law defines who is eligible to file a wrongful death lawsuit. A dependent relationship must exist with the deceased in order for an individual to qualify. This means that anyone relying on the deceased for financial support could feasibly file a claim. Spouses and children will always have the right to file a wrongful death lawsuit. Aging parents or a disabled sibling may also be able to file if a financial connection can be shown.
Damages
The financial compensation that you will be seeking in a wrongful death lawsuit will help offset the damages you sustained as a result of the loss of your loved one. Lost wages and medical expenses are the most common types of financial damages included in wrongful death lawsuits. You can also ask to be compensated for the loss of companionship you experience and the mental anguish losing a loved one has caused. An experienced attorney will be able to help you define the damages you have suffered prior to filing your case.
Financial Distribution
Once you win a wrongful death lawsuit, the money you are entitled to will be distributed to your deceased loved one's estate. It is the job of a representative of the estate who has no claim to the funds to determine a fair and equitable distribution among all interested parties. The money will be split according to the damages that each person affected by the unexpected loss of an individual has sustained. Spouses and children will typically receive a higher percentage of the distribution than aging parents or disabled siblings.
Wrongful death lawsuits can be a valuable tool in helping those affected by an unexpected loss cope with the financial effects of a loved one's passing. Visit a wrongful death law firm to discuss the details of your loved one's death to determine if you should consider filing a wrongful death lawsuit in the future.
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