A wrongful death lawsuit is filed when someone died due to the direct actions or failure of others to act correctly. The types of damages that can be filed depend on where you live, and the amounts can vary based on local laws as well. However, there are several factors that are almost always allowed in wrongful death suits.
- The Financial Support the Deceased Provided
This is why it is advisable to have life insurance, but you can still seek reimbursement for the lost wages of the rest of the deceased’s life as part of the wrongful death suit. A wrongful death lawyer can gather the necessary information that the courts will use to make this determination. An attorney can add the lost wages when the deceased missed work due to the accident or health condition to this amount.
- Funeral Expenses
It is reasonable and universally recognized that the wrongful death suit should include the cost to bury the person unless the funeral was outrageously expenses. For example, no one is going to pay the price of sending someone’s ashes into space.
- Medical Expenses
The medical costs incurred trying to save the deceased’s life are always allowed as part of a wrongful death suit. The medical expenses incurred trying to offset the negligence, such as visiting other doctors to get a correct diagnosis after the first doctor ignored obvious symptoms of cancer or a serious disorder, can be included in the suit. Depending on the case, medical expenses incurred by the survivors may be included, such as counseling for post traumatic stress disordered related to the accident that killed their spouse or child.
- Related Expenses
The cost of keeping someone alive in a nursing home before the passed away are a medical cost associated with the wrongful death. The cost of hiring a home health aide or hospice care is also allowed, though often overlooked. The wrongful death suit can include the extra childcare costs incurred while the healthy parent was visiting the now deceased, costs remodeling a home to try to provide in home care, medical equipment purchased in an effort to support the person deceased, counseling for the survivors and legal costs they incurred dealing with probate or debt settlement.
Did you have to pay for the ambulance that took your loved one to the hospital or emergency medical evacuation from a remote location due to another’s negligence? You can add those costs to the total sought for reimbursement in the wrongful death suit. A wrongful death lawyer knows what expenses can be included in the suit for reimbursement.
- Pain, Suffering and Emotional Loss
Wrongful death suits can include the pain and suffering of the deceased, such as when they spent weeks on life support before dying. And the survivors can sue for the loss of emotional support and companionship of the deceased. You need to consult with a wrongful death lawyer to have any chance of receiving compensation for emotional suffering, whereas documented costs like property damages and medical costs are usually taken at the amount you can prove were paid.