Will An Injury Lawyer Explain The Basics of A Wrongful Death?

The legal system allows the family of someone that was killed by misconduct or negligence to sue for a wrongful death. The same family then seeks compensation for the damages that have resulted from the untimely passing of their loved one.

Elements of a wrongful death lawsuit

• Details that explain how the beloved family member was killed
• Information that manages to highlight the fact that the decedent had been the victim of either negligence or an intentional act, one that was meant to harm the victim
• Evidence to support a claim that the surviving family members have suffered a financial hardship, as a result of the loss of someone that had become a source of assistance, by carrying out specific tasks
• Evidence of money spent to care for the injured loved one, before his or her passing, or to cover the costs for a funeral and burial.

Possible claims for damages: Claiming loss of support; claiming loss of services; claiming loss of respect and inheritance; medical expenses; funeral or medical care

Possible targets of a wrongful death lawsuit

A driver that has been held responsible for causing a given accident

A manufacturer that has produced a product that could threaten the life of the consumer that has chosen to use it

A doctor that has not demonstrated adherence to physicians’ code of conduct, and has caused his or her patient to die

A retailer that has failed to provide customers with information, regarding the ways or times for using a certain product, such as a pill or other medication

Factors considered, during determination of what to award the grieving family

Age of decedent: The death of someone that had been contributing to a household’s income would be basis for a larger demand, in wrongful death lawsuit.

Health and intelligence of decedent: The life of every person has value. Still, a family might have been covering the costs of special care or education for a decedent that had suffered a health of mental problem.

Decedent’s life-expectancy at time of his or her death: A family could not claim a large amount of damages, if the deceased loved one had been close to the end of his or her expected lifetime.

How had the deceased used his or her income? Had the deceased used some of that income to support the grieving family? If so, the damages would be perceived as greater.

Should defendant be hit with punitive damages? Personal Injury Lawyer in Windsor knows that would be the question if the defendant had committed an act of unquestionable negligence, or had purposely inflicted harm on the decedent, a level of harm that had managed to put an end to the decedent’s life.