A loss can be very painful, especially if the loss of a loved one could have been avoided if utmost care is observed. If a passing of a loved one is because of someone else’s fault or wrongdoing, then you can file a lawsuit with the help of a wrongful death lawyer. To give you further insights about lawsuit, keep on reading below.
To file a lawsuit, you should prove to the court that the passing of a person is because of someone’s misconduct and negligence. The beneficiary or dependents of the victim should receive monetary damages. There are various factors considered by court in determining the extent of compensation one may receive and these are the following:
- How much money the deceased is earning
- Savings of the victim
- Loss of companionship
- How financially dependent the survivors were on the victim
- Medical-related cost
- Funeral cost
- Suffering and mental anguish
- Punitive damages (if applicable)
Money isn’t enough to bring back the life of the victim, but it can somehow help the immediate family to compensate for the loss of a loved one. Through the compensation, the family can be somehow financially secure. The welfare and future of the family will be protected even if the victim is no longer alive.
You have to keep in mind that the law regarding wrongful death is quite complicated and it varies from one place to another. Initially, you might not consider filing a lawsuit, especially if you are still in the grieving period. However, you have to be aware of your rights and that you should exercise your rights in any way. So, you will need a highly competent lawyer to help you with your case and to somewhat speed up the grieving process. If you are suspecting a wrongful death, you should contact the lawyer right away because there is a time period for filing a lawsuit. If you fail to do so, then you are literally losing your chance to fight for your right to financial compensation. To guide you through the process, you will need the service of the best lawyer in the industry.
What are the bases of the court when determining the future earning of the deceased?
To find out the potential future earning of the victim, a life expectancy table is used. So, how to calculate for potential earning? Well, the earning of the victim at the time of passing will be multiplied by the remaining years of earning (expected) up until the victim’s retirement. On top of that, the retirement benefits will also be calculated as per the life expectancy table. After which, the total figures will be reduced to the amount of money conservatively invested by the deceased.
How will you be able to determine it?
As mentioned above, a wrongful death lawsuit can be filed if the passing of a person is because of someone’s inaction or negligence. Some of the common cases are the following:
- Vehicular accident – The driver is at fault for the passing of the victim such as the driver operating the vehicle without corrective lenses, driving while doing other things at the same time such as texting, driving while intoxicated, and the likes.
- Medical malpractice or medical negligence – this is also one of the common causes. For example, an employee in the emergency room (ER) lets you wait for a long period of time without being seen by a surgeon. The case can also be filed if the surgeon performs the wrong procedure, which caused the passing of the patient. A lawsuit can also be filed if the doctor failed to diagnose the disease condition of the patient or the physician failed to deliver the best possible care as per the professional requirements in the field of medicine.
- Nursing home related abuse- if the family of the elderly proves to the court that the employee of the nursing home neglect the elderly, which caused the passing of the victim.
How to prove if there really is medical negligence?
With the help of a solicitor, the case will be further investigated in order to determine the circumstances surrounding the passing of a loved one. The lawyer will coordinate with the medical practitioners to really establish whether there is really a medical negligence that resulted to the passing of the victim. So, the doctors will be interviewed, the medical record will be checked, and find people who can be used as potential witnesses.
Do not worry if you don’t have money to pay for initial consultation because most lawyers today offer free initial case evaluation. That way, you will have fair chance of seeking justice to the passing of your beloved.
What elements should be presented in a case?
There are key elements that should be presented when filing a lawsuit and these are the following:
- There really is a strong evidence that the passing is because of someone’s wrongdoing or negligence
- You should present proof proving that the passing is because of the defendant’s action
- You need to present to the court that the passing of the victim has affected every aspect of your life (a passing of a parent/s and the direct effect to the children)
- Financial hardships that can be experienced by the survivors because of the passing of a loved one
The law surrounding lawsuits varies. Some places have very strict rules while others don’t. The eligibility and statute of limitations differ a lot. Hence, it is a must to contact a solicitor so that you will get all the necessary help. Dealing with the lawsuit on your own is more like going to a battle unprepared. To give you an edge, you should contact the best wrongful death lawyer in your place.