A Decatur Wrongful Death Attorney Explains How You Can Determine Damages
The death of a loved one is an extremely difficult time for any family to deal with. This already stressful time can be made even worse when your loved one?s death was the result of someone else?s careless, reckless, or intentional actions.
What You Need to Prove
Wrongful death cases can be difficult to prove. Each successful claimant must be able to show 1) a cause of death 2) evidence that there was negligence or willfulness on the part of the party being sued and 3) establish monetary damages caused by the death.
In order to sue for damages in a wrongful death case, you have to establish a sufficient relationship to the victim entitling you to seek such damages under the law. Spouses and close family members such as parents and children typically fall into this category. A surviving spouse has the right to seek compensation up to the amount equal to what would be needed to maintain the lifestyle that the spouse had become accustomed to prior to the victim?s death. The amount that a parent can sue for is dependent on whether the parent is considered under the law to be a dependent or a nondependent. The amount that children can sue for is also based on whether the child is considered to be a dependent or a nondependent under the law. If you would like to discuss your rights to compensation, contact an experienced Decatur personal injury attorney for a personal evaluation of your case.
Damages in Wrongful Death Cases
While no amount of money can ever fully compensate a family for the loss of a loved one, a surviving spouse, children, beneficiaries, and dependents may be able to recover compensation for a wide range of economic damages including the following:
- Medical expenses resulting from the accident
- Pain and suffering
- Funeral expenses
- Loss of inheritance
- Loss of companionship
- Loss of any potential earnings of the deceased
- Loss of benefits for the deceased including health insurance and pensions
If someone you know has been the victim of a wrongful death, and you feel that you have a right to receive compensation for your loss, contact the law offices of McCarthy, Rowden & Baker to schedule an initial consultation with a personal injury attorney skilled in handling wrongful death claims. For your free consultation, please contact us at the number below.