An immediate family member mourning the loss of a loved one can take solace in their right to sue for wrongful death. A set of statutes govern these cases under state law, and with the right guidance, surviving family members can seek justice for the wronged. Here are a few things you need to know to get started on filing a claim.
Loss of life in automobile accidents
If someone perishes in a road accident, his or her representative can fight for damages from the personal injury and suffering the victim underwent before he passed away. Even expenses incurred during hospitalization and rehabilitation while the victim was living could be compensated, but only if the wronged party is proven to be responsible. To determine the compensation the injured party is entitled to receive, it is necessary to work with a Utah auto accident injury lawyer.
Damages in wrongful death cases
Some deaths are the direct outcome of the negligence of another human being. People lose their lives when someone who intended to cause them harm acted on the impulse. In other cases, the death of a person, such as in a car accident, may be due to irresponsible driving and negligent action. A court of law can award damages in a wrongful death suit as a direct measurement of financial or pecuniary injury. The coverage of expenses that may be awarded to the family or another beneficiary of the deceased may include medical expenses, loss of support, and funeral expenses, among others.
Proving a wrongful death claim
Before any damage can be awarded, there is a need to establish the fact that the person’s injury and consequential circumstances are indeed a wrongful death as defined by law. Survivors will not receive any claims if the defendant cannot be held liable in a court of law.
Some of the known personal injury cases that have developed into wrongful death claims are intentional acts of murder, death from medical malpractice (including failure to diagnose accurately), and car accidents brought forth by negligence. In regard to car accidents, some of the leading causes of personal injury leading to wrongful death are driving under the influence of alcohol or drugs, texting while driving, reckless driving, speeding.
When death is caused by another in a work or occupational setting, the situation is usually deliberated under the worker’s compensation system. You may be able to establish whether the case you are fighting for is a valid wrongful death claim with the help of an experienced attorney-at-law, inexperienced driver errors, and defects in car design.
If your spouse has been killed in a car accident, you have the right to file a wrongful death claim. When you lose a child in a pedestrian accident, you can bring a wrongful death action as well. An extended relative or life partner may file the suit if there are no surviving immediate family members, and if the state allows it. It is possible to receive damages for economic and non-economic damages if you have an experienced legal advisor by your side.