No Financial Gain can Undo or Erase a Family’s Traumatic Loss and Experience...

A wrongful death claim is the lawsuit that may be filed by the family members of a person who dies as a result of someone else’s negligent act or wrongdoing. Its main purpose is to seek compensation for the losses or damages suffered, and to be suffered, by the family of the deceased, such as medical expenses, funeral expenses, lost companionship and lost (future) wages.

Damages can be classified under three categories: economic, non-economic and punitive. States, however, differ when it comes to the specific items found in each category.

Economic damages does not only include all the expenses incurred by the family as a result of the death of their loved one but, also all the financial contributions that the deceased would have been able to give to his/her family had he/she not died. The damages covered under this category include: cost of medical treatment and funeral service; financial value of all the goods and services that the deceased would have provided for his/her family; loss of the victim’s wages and other earnings; loss of possible inheritance; and, loss of possible medical coverage for family members, and the deceased’s pension plan and other benefits.

Non-economic damages are the non-material losses that the family of the deceased would suffer, such as: the family’s loss of love and companionship from the deceased; loss of care, guidance, protection and nurturing from the deceased; a spouse’s loss of consortium with his/her deceased spouse; and, the family’s suffering, pain and mental anguish.

The third category, punitive damages, actually serves as punishment to make the party at fault realize his/her wrong act as well as to deter him/her from committing the same mistake. While some states award compensatory damages with punitive damages, many others do not even make available these damages in wrongful death lawsuits. This absence, however, is usually off-set by the awarding of treble damages (or triple damages) which increases the amount of actual damages to three times; awarding of treble damages is made at the discretion of the court, which bases its judgment on legally acceptable reasons.

According to the U.S. Consumer Product Safety Commission (CPSC), negligent acts that cause wrongful death can be committed by anyone. It can be a manufacturer who produces a low quality construction ladder that causes a worker to suffer a fatal fall; a car driven by a distracted driver who hits and kills a pedestrian; a doctor who prescribes a drug that increases the risk of heart attack, and so forth.

According to the law firm Williams Kherkher, if an accident claims the life of a loved one, families are suddenly faced with traumatic changes in their lives. They are forced to cope with their loved one’s passing and come to terms with their loss, while at the same time they may wish for some way to seek justice against the party whose negligent behavior caused the accident. Families searching for some sense of closure may choose to pursue legal action against the negligent party to help them better deal with their loss.

A wrongful death lawyer understands the extreme difficulty of you seeking legal assistance while deep in mourning for your loss. However, he/she also understands the importance of filing a case quickly in order to help your family seek the assistance you need to pay for medical bills, funeral expenses, and lost income, as well as compensation for loss of companionship.

Along this same line of thought, the firm Amerio Law believes that no financial gain can undo or erase a family’s traumatic loss and experience. However, legal action can certainly help relieve financial burdens and hopefully help the affected family obtain the justice and closure it deserves.