Wrongful death claims are often associated with negligent or careless drivers involved in a car accident. Filed in civil court, a wrongful death lawsuit is to recover financial loss compensation from the party responsible for a fatal injury accident. Criminal actions could be added to the civil action of the accident, dependent on the circumstances.
Laws are in place so that family members, a spouse or children are eligible to file a wrongful death lawsuit if negligence caused the loss of a life to a loved one. In most circumstances, the insurance company of the driver at fault is responsible for compensating victims of a fatal car accident.
What is Compensation Based On
The loss of a life has no specific dollar amount attached. Loved ones, left to grieve a person fatally injured in a car accident often have emotional pain and may be left facing difficult financial hardship. A personal injury lawyer in Lindsay can help you seek some bit of justice by helping you recover compensation for some part of the financial hardship. Wrongful death claims could include recovered damages for some of the following:
Financial Support: Financial loss the family suffers from a death is called pecuniary loss and compensation is partly based on this. The amount that the victim of the fatality would have contributed or received is taken into consideration, along with inflation and future projected earnings being factored in.
Loss Of Guidance, Care And Companionship: This type of compensation could be awarded above financial support loss.This compensation is intended to cover reasonable guidance, care or companionship the victim may have contributed if they were not involved in a fatal accident. Factors such as the victim’s role as parent, spouse or caregiver are taken into consideration for compensation.
Actual Expenses: This compensation is based on expenses of the actual victim and include medical treatment, medications, travel expenses and visiting with the victim. This compensation is added to final costs. If the claimant provided services for the victim such as caring for or housekeeping, they could receive reasonable compensation for income loss or value of services rendered.
One way to simplify; the greater the financial loss suffered, the greater compensation amount could be. It is hard to understand that, as a claimant, some areas do not provide compensation for anguish or extreme sorrow for a wrongful death. However, your lawyer would be able to help you learn the coverage for damages available in your specific case.
Eligibility For Compensation
The persons entitled to compensation in a wrongful death lawsuit are the victim’s spouse, children, grandchildren, parents, grandparents and siblings. But trying to win the compensation on your own can be difficult as it is a complex process and you should let the lawyer handle it.