Wrongful death lawsuits are about the surviving family members. These people file a lawsuit as they were deprived of a loved one through another people’s negligence. There are a lot of circumstances that can cause family members to file these lawsuits. And once filed, plaintiffs may win enough compensation to help them put through undue hardship financially.
Circumstances that May Validate a Wrongful Death Claim
- Medical Malpractice. Wrongful death claims are often filed by families because of medical malpractice. Delayed treatment, getting the wrong treatment and not getting the needed treatment can have deadly consequences. The claims are filed as the doctor or healthcare facility involved failed to offer care which was up to standards which lead to somebody’s death.
- Vehicle Wrecks. Surviving family members file wrongful death claims against commercial entities or individuals if they cause the accident. Also, immediate family members of those who died on the road because of negligent trucking companies, drunk drivers and reckless drivers may also file these claims.
- Negligence of Care Facilities. Wrongful death claims filed against care facilities like nursing homes are quite common. Such claims include people not being able to get the care they need and die as a result. Also, claims can also involve a failure of a facility to provide patients a safe environment. Wrongful deaths in these facilities may also result from abuse.
The damages utilized in wrongful death lawsuits are measured by determining the amount of financial injury made. This includes loss of support, loss of companionship, loss of services, medical or funeral expenses and loss of possible inheritance.
To determine the amount of damages, courts or injuries take into account the age, condition and character of the decedent, their capacity, health, life expectancy and intelligence. Often, the court considers the circumstance of the surviving family members when awarding damages. It may be possible to recover damages even if the person who died did not have a job such as the case of a stay-at-home wife or husband who contributes services and guidance to the family.
An excellent Miami Gardens wrongful death lawyer can help families determine the amount of financial loss they suffered because of the loss of a loved one. Although a settlement can’t take the deceased relative’s place, the settlement may offer the financial security the surviving family needs to continue with their lives. Consulting with a lawyer about the matter is an important step to determine the validity of a claim.