Wrongful Death
Were you injured or was a family member killed because of someone else's negligence or carelessness? If you are a surviving spouse, child or parent, you may be eligible for compensation for your family’s losses.
A number of situations can lead to a wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries and other accidents can result in a wrongful death case.
- In the case of car accidents, wrongful death claims are usually against the driver at fault and can also increase compensation from insurance companies.
- Wrongful death cases in criminal attacks may involve the owner of the property in which the attack took place.
- Wrongful death cases against employers are common in work-related deaths, such as falls or electrocutions.
- Expert testimony and other requirements make medical mistakes the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys.
- Other wrongful death claims involve homeowners or landlords if a death occurs on their property due to negligence.
- Wrongful death cases are often settled prior to trial, but may take several years if they go through the court system.
These cases must be filed within a certain time frame, so it’s imperative to promptly contact an attorney after a wrongful death has occurred. If you are the family of a deceased loved one and believe you should be compensated, contact the Jim Jackson Law Firm today.
Damages
Wrongful death damages usually depend on the relationship of the plaintiff to the deceased. Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their child's death. Damages in the death of a minor child may include potential financial contributions from said child. Damages for spouses include loss of companionship, potential financial contributions and mental anguish.
The wrongful death damages awarded to children after the death of a parent vary based on age. Wrongful death damages for all children usually include mental anguish and loss of companionship. Minors can recover wrongful death damages for monies the deceased would have contributed to raising the child. Adult children can recover the sum the parent would reasonably and probably have contributed to them.
Occasionally, wrongful death damages include loss of inheritance, as well as punitive damages. In many cases, wrongful death damages may be awarded to any member of the deceased's estate (anyone named in the will). In a number of states, wrongful death claims include the full value of the life of the defendant, without subtracting any expenses. Claims also generally cover medical and funeral expenses, as well as pain and suffering before death.
