In this section of our website, we have discussed several different types of accidents a person can be involved in – including various types of motor vehicle accidents, workplace accidents, and medical accidents. Many of these accidents will likely be fairly minor and result in minimal injury. However, sometimes accidents and subsequent injuries are very serious. The most serious can even result in death, also referred to legally as wrongful death. If you have a loved one who perished as a result of wrongful death, this is likely an overwhelming and traumatic time for you. However, there are a few things to consider since you may be able to recover compensation on behalf of your deceased loved one. If you are interested in this process, read on.
Proving Wrongful Death
Stratford wrongful death can happen in a multitude of ways, but there are specific elements that need to be proven in order for a court to accept a wrongful death claim. Let’s look at some of the main elements.
First, you need to prove that the person or company that you are suing was responsible for the accident in question. Then, you need to prove that your loved one was hurt and ultimately died as a result of the injuries that they sustained in the accident. It does not matter if the at-fault party intended to harm or kill your loved one. In most wrongful death situations, this is actually not the case. However, a person or entity is still held responsible for injuries after an accident if their negligence or recklessness caused the accident. These are the elements that you will have to prove in court in order to recover damages for wrongful death.
Who Can File a Claim?
Not just anyone can file a wrongful death claim in the hopes of recovering compensation on behalf of a deceased loved one. In most cases, it is an immediate family member who can do this. If a person was a dependent on the deceased, their life will be significantly altered by their death. Dependents oftentimes include spouses, children, and sometimes parents. If you are the dependent of someone who perished due to wrongful death, you may be able to recover compensation for things such as:
- Medical bills: If your loved one did not die right away and was treated for their injuries, the at-fault party should pay for any outstanding bills.
- Funeral expenses: From the wake, to cremation, to a coffin, to a memorial service, the at-fault may be responsible for funeral-related expenses after a wrongful death.
- Loss of future income: If a person dies suddenly and they were still working, their family may not expect the sudden loss of income. Calculations will be done to determine the deceased’s earning capacity if they had lived, and a sum will be reached for which the at-fault party has to pay the deceased’s family.
- Pain and suffering: Losing a loved one due to an accident can be a sudden and traumatic experience. The family may be entitled to monetary compensation as an attempt to make amends for the pain and suffering that they have gone through.
If you are interested in filing a wrongful death claim, consider contacting a Stratford wrongful death lawyer. While you attempt to recover from this experience emotionally, a lawyer can assist with the legal and financial elements of your situation. For additional help, contact us.