Being a family member of someone who has passed away as a result of another person’s negligence puts you in a tough position. You may be dealing with the heartbreaking loss of your loved one at the same time and being unsure of how you’ll cover bills or how you’ll replace that person’s impact on your family’s life.
In a wrongful death case, you, as a family member, may have the right to pursue compensation to recover financially. While this won’t bring back the person you care about, it will potentially help you cover the cost of your loved one’s medical care and final expenses as well as their lost wages and other financial impacts their death has had.
What do you have to prove to build a successful wrongful death case?
You will need to show that the party who harmed your loved one owed them a duty of care. You will also need to show that they did not meet that duty of care and caused harm to your family member.
After this, you need to show that the defendant’s breach of their duty of care resulted in the accident that caused your loved one’s death.
If you can prove that a driver’s actions led to a crash and the subsequent death of your loved one or that a doctor made a medical error that they should not have but that resulted in death, then you may have a case.
It is reasonable to seek out damages following a loved one’s wrongful death. Some of the damages you may ask for include compensation for:
- Punitive damages
- Medical care and hospital expenses
- The estimated cost of your lost income
- Mental anguish
- Funeral and burial expenses
When you take the other party to court to pursue a claim against them, you should seek out any necessary compensation to cover your financial losses first. Then, other impacts, such as the emotional impact of losing your loved one, should be considered. You may also be entitled to punitive damages in some cases, which may help you get more out of your claim than you expected.