Wrongful Death Claims: Compensation
Most families are not prepared for the sudden death of a loved one. In addition to emotional pain, they must often endure economic hardships created by unforeseen medical expenses, funeral costs, and lost wages. When the death is caused by the negligence of another person, wrongful death laws provide families with means to obtain rightful compensation.
Compensation: Compensatory and Punitive
The types of compensation to which claimants are entitled vary from state to state, and are typically divided into two groups: compensatory and punitive damages. Compensatory damages are intended to compensate families for the financial and emotional losses suffered as a result of the wrongful death. These damages are further divided into special and general damages.
Special damages involve financial losses that can be calculated with certainty, including:
- Medical bills
- Funeral costs
- Hospital expenses
- Lost wages
General damages involve losses that are both less tangible and less specific, such as:
- Pain and suffering
- Mental anguish
- Loss of companionship
Punitive damages are not intended to compensate a victim's family. Instead, punitive damages are ordered as punishment for the defendant when it is determined that the victim's death was the result of a history of bad behavior or by conduct that was particularly heinous, such as in the case of murder.
An experienced wrongful death lawyer can help determine the types of damages the family might receive.
Time Limitations
Every state has established time limits on when any type of personal injury or wrongful death claim can be filed. These time limits are called the statutes of limitations. If the statutes of limitations on an injury or death have expired, victims and their families essentially forfeit their rights to obtain compensation for their losses.
Depending on the laws of the state, the statute of limitations for a wrongful death claim may begin at the time of the accident causing the death or at the time the cause of death is discovered, which may occur some time after the initial accident. Sometimes, a death is initially ruled an accident because fault is not determined or assigned. However, evidence showing that the death was caused by someone's negligence may become available later. In these cases, the statute of limitations would begin at the time of the discovery of the new evidence.
In other cases, a victim may not die immediately after the accident. For example, a truck accident or a pedestrian accident can result in spinal damage or traumatic brain injury (TBI) that causes impairment, but the victim remains alive. The victim would have to file a personal injury claim within the statute of limitations for any potential wrongful death claim (should he or she die after the statute of limitations on the personal injury claim has expired) to be valid.
Contact a Wrongful Death Lawyer
If you are facing a wrongful death situation, you have legal rights that an experienced lawyer can protect. Whether the cause of a wrongful death is medical malpractice, mesothelioma cancer caused by exposure to asbestos, or a car accident caused by DUI, attorney representation is crucial to ensure your rights are protected. If you have suffered the wrongful death of a loved one, contact a wrongful death attorney immediately.