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Necessary legal steps following a devastating loss

On Behalf of | Nov 18, 2022 | Wrongful Death

The death of a loved one results in significant trauma for a family. A beloved family member is suddenly gone, particularly one who provided for loved ones by working. Those close to the deceased face an uncertain future, both emotionally and financially.

Often linked with post-criminal trial pursuits where the standard of proof is higher, those grieving the loss must endure a necessary quest for justice.

Complicated procedures

Various procedures exist when the representative of an estate files suit. Factors often focused on include the initial injury, amount of conscious pain and suffering, and the overall monetary costs in the time leading up to the loss.

A successful claim is one that proves either negligence or the deliberate intent to harm someone. Surviving family members grieving the loss are also entitled to financial damages for their losses. Common wrongful death cases include:

  • Motor vehicle accidents
  • Airplane accidents
  • Medical malpractice
  • Occupational exposure or fatal injuries
  • Commission of a crime

In addition to the death of a loved one, losses are determined by age, condition, and earning capacity. Life expectancy, health, and intelligence also play a role. In addition to the loss of income, the denial of parental guidance for dependents plays a significant role in determining damages, including earnings at the time of death and possible future compensation.

Even a family member unemployed at the time of death has tangible value if the decedents provide evidence of previous average earnings prior to the job loss.

While the value of someone’s life is intangible, certain tangible factors do play a role in determining financial damages to family members. The help of an attorney represents an essential first step.