Wrongful death lawyers have to walk a tightrope. They have to protect the rights of their clients, while offering sympathy and compassion. A wrongful death claim asserts the deceased was killed because of negligence. The victim’s survivors are entitled to damages as a result of this negligence.
This type of claim is different from a regular negligence claim. There are four elements of a wrongful death claim.
*The death was caused by someone’s conduct.;
*The responsible party was negligent or strictly liable for the victim’s death;
*There’s a surviving spouse, children, beneficiaries or dependents; and
*Monetary damages have resulted from the victim’s death.
The claim for wrongful death must be brought by the Administrator or Executor of the victim’s estate. Claims may also be brought for pain and suffering, and personal injury that occured prior to the victim’s death. Any award will pass to the victim’s estate. Wrongful death claims result from medical malpractice, automobile or airplane accident, criminal behavior or occupational hazards. Wrongful Death Lawyer in Manhattan KS says financial losses are the main measure of damages in wrongful death cases. These damages include funeral and medical expenses, loss of support, services and lost prospect of inheritance.
It’s very complicated coming up with a figure for these types of damages. The decedent’s age, earnings and future earnings must be considered, as well as the circumstances of the survivors. For example, if the decedent had several minor children, it must be decided how much money the children will need until they reach the age of majority. The amount would be based, partially, on the decedent’s salary, at the time of their death. The survivors may also recover for loss of parental guidance. Damages can be received for loss of income even though the decedent was unemployed when they died. These cases are complicated and that’s why it’s important to have a lawyer to protect the survivors’ rights. It’s very difficult to determine the value of someone’s life. Ask the lawyer about any and all damages the survivors may be entitled to.
Wrongful Death Lawyer in Manhattan KS says financial losses are the main measure of damages in wrongful death cases. Visit the website for more information.