How to deal with a case of Wrongful Death

Published On September 25, 2018 | By admin | Health

Wrongful death is a tragic incident caused when someone is killed or dies due to the negligence of a person towards the other. Such losses cannot be replaced with anything. The survivors or the family of the deceased may take legal action for wrongful death. In such cases, the family of the deceased seeks compensation which includes funeral expenses, lost companionship and even wages. Such claims are only valid if a person dies due to the misconduct or fault of another person. Wrongful death statutes are different in a different state, while they were originally formed for compensating financially to orphans and widows.

Who can take legal action for wrongful death?

The process of taking legal action depends on various factors, such as the cause of death, the harm caused to the family of the deceased in terms of financial harm, economical harm, expenses incurred, emotional trauma, suffering and pain. After evaluating all these factors, the state laws offer recovery by immediate family members, spouse and children. In such cases the wrongful death suit is filed by personal representative of the decedent. A wrongful death lawyer in Austin goes through the state’s wrongful death statute which is the legal procedure. The rewards gained from this action belong to the estate or family members of the decedent.

How to Prove Wrongful Death?

The process of proving wrongful death successfully, the claimant must follow the following steps:

  1. The validity of the death of a person
  2. The death is caused due to the negligence of another person or due to actual intention to kill
  3. Presentation of proper evidence to support the cause
  4. The family members of the deceased such a spouse, children, and parents are suffering from the financial crisis due to the death of the person
  5. A personal representative’s appointment for the estate of decedent.

Damages of Wrongful Death

Fiscal or financial injury is the basic determiner of damages caused due to a wrongful death. The tern Pecuniary Injuries is defined by the court as a loss of support, loss of prospective inheritance, services, medical expenses and funeral expenses. According to law, the damages awarded to the family of the deceased shall be fair and compensation for the pecuniary injuries caused by wrongful death. A wrongful death lawyer in Austin states that according to law if the person at fault hasn’t paid or is yet to pay for the decedent’s medical care and funeral expenses, the family of the decedent can recover those expenses. The damage award will also include interest from the date of wrongful death of the decedent.

Hiring a Wrongful Death Lawyer

Out of all the wrongful death lawsuits, few of them are tried at a court in front of the jury. Lawyers mostly work out settlement deals to avoid litigation expenses. It is the lawyers who can negotiate and bargain better than what the defendant can on himself or herself. An experienced lawyer who has worked on wrongful death cases can help you if your loved one has died due to the negligence of another person, entity or company.

 

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