Wrongful death is said to occur as a result of another party's intentional or negligent act. In such instances, a lawsuit is filed on behalf of the deceased. Members of the family, including spouses, children, adopted children and other close family members are allowed to file a lawsuit. If you have lost someone close as a result of wrongful death, you need the expertise of a wrongful death attorney from a firm like Ramsden Lawyers. Compensation to the estate is sought in both monetary and non-monetary damages.
To calculate the compensation amount, several factors are considered. Direct costs include medical expenses incurred during and after treatment and funeral expenses. There are also several considerations that are made when calculating non direct costs. The amount that the deceased was making and how much he would have received if he was still living is taken into account. The age of the deceased at the time of death is also considered. This age is matched against the normal life expectancy and compensation is made. The legal dependents are also considered in terms of how much the deceased was providing for them prior to death. Proving monetary damages needs supporting documents as evidence of the deceased's financial commitments.
Non-monetary damages refer to intangibles such as pain and suffering felt by those left behind. These include the loss of love, affection, moral support, companionship, guidance and mentoring. It also includes the absence of spouse's intimate relations, which is legally termed as loss of consortium. To prove non-monetary damages requires emotional testimonies from close family members and legal dependants. These witnesses must appeal to the emotions of the jury by explaining the weight of their loss. There is no set tool for calculating emotional losses. At the end of the day, it depends on the strength of the case made. This is because the value of life cannot be measured in monetary terms.
Making a Case
Wrongful death lawsuits are complex and delicate. To succeed, the plaintiff must prove that the defendant was solely culpable in causing the death of the deceased. This means that the plaintiff must convince the jury that the defendant's actions were intentional, negligent and led to the death of the victim. As evidenced, wrongful death lawsuits are intricate and they should be handled by a qualified and experienced attorney. If you have lost a loved one, hiring an expert allows you to grieve without being overwhelmed by the lawsuit.