What types of damages can be claimed in a wrongful death settlement?
If a loved one has suffered a fatal injury in an accident, you might be wondering if it’s time to contact a wrongful death lawyer Harrisonburg VA has to offer. When an individual dies in an accident caused by another party, the survivors often want to know if it’s possible to collect financial damages. While no amount of money could possibly compensate for the loss of human life, a financial settlement may help the survivors pay outstanding bills and begin to recover from their grief.
It may be difficult for surviving family members to consider filing a wrongful death lawsuit, as any experienced wrongful death lawyer Harrisonburg VA can provide might attest. However, a financial settlement can be incredibly valuable and beneficial during this strained time. There are several types of damages that might be recoverable with the assistance of a local Harrisonburg VA wrongful death lawyer.
Medical Bills and Funeral Costs
Some surviving families are left with hundreds of thousands of unpaid medical bills after their loved one has passed. For this reason, it may be very important — and very helpful — for families to contact a wrongful death lawyer in Harrisonburg VA as soon as they decide to file a wrongful death claim. These types of economic damages are usually fairly straightforward in terms of calculating what would be reasonable compensation.
Lost Wages, Lost Insurance, and Lost Inheritance
Those who were financially dependent on the deceased individual might suffer greatly from the loss of income and other benefits. Even if the survivors are not immediate family members, it might still be possible for individuals to file a wrongful death claim and obtain a settlement if they were financial dependents.
Economic damages that cover financial losses typically account for costs in the past as well as predicted costs in the future. An experienced wrongful death lawyer Harrisonburg VA trusts can help claimants determine a reasonable estimate of financial losses that would likely occur in the future.
Non-economic losses, in many cases, may account for a large part of a wrongful death settlement. There are many different types of damages pertaining to the emotional loss of a loved one that someone may be able to claim. A spouse might claim damages for pain, grief, and the loss of companionship. If the deceased had a child, the family might claim a loss of guidance, support, and protection on behalf of the child.
Additionally, some wrongful death settlements include damages that are punitive, or intended to punish. Wrongful death lawsuits are handled in civil court and the defendant, even when found guilty, is not given a criminal court punishment such as incarceration. Instead, additional money might be added onto the settlement as a punitive measure. Some people see this as validation for their suffering; it’s a way of showing that the pain of the survivors is very real and cannot be taken lightly.
The Preponderance of Evidence in Wrongful Death Lawsuits
When a person passes away because someone else was reckless, it can wreak emotional devastation on the surviving family. It can be agonizing for the family of the deceased loved one to process the fact that a person they cherish would still be alive if it weren’t for another’s negligence or thoughtlessness. An attorney at MartinWren, P.C. understands the sensitive nature of wrongful death lawsuits, and can help the surviving family take legal action against the party responsible. The most important element of wrongful death cases, is bringing forward evidence that shows how the defendant had at least partially caused the person’s passing.
Common Wrongful Death Lawsuits
There are a number of ways that a wrongful death accident may unfold. In modern society, risks of some kind can present themselves as we go about our daily life. However, if another person causes such an accident to occur, this may be grounds for a lawsuit to be filed by the surviving family. Some of the most common wrongful death lawsuits include car accidents, medical malpractice, product defects, occupational hazards, criminal actions, supervised activities (field trips, day care, adult care), and nursing home mistreatment.
Preponderance of Evidence
A wrongful death lawsuit is considered a civil case, in which the burden of proof is much lower. Unlike criminal cases where the plaintiff must show how the defendant is guilty beyond reasonable doubt, a wrongful death lawsuit can be won based on the preponderance of evidence. In other words, the surviving family has to bring forward evidence that is convincing and likely to be true.
Pursuing Civil Action
Once the surviving family is ready, they can consult with a wrongful death lawyer Harrisonburg VA for information on how to pursue civil action against the offending individual or organization. In general, the steps involved in a wrongful death lawsuit include creating a strategy, investigating claims, talking with experts, gathering witness statements, and performing research. It is possible to resolve the lawsuit through mediation and settlement. But, if an agreement cannot be made then the case moves forward to trial.
Quality Over Quantity
It is more important for the surviving family to gather quality evidence over quantity. The proof brought forward is likely to be scrutinized for credibility by the defense, so it is imperative that surviving family members obtain representation from an experienced wrongful death lawyer Harrisonburg VA. The reputation and knowledge of the Harrisonburg VA wrongful death lawyer you hire can make a huge difference in whether you receive the monetary award you deserve in honor of your loved one.
If you are currently grieving over the loss of your loved one due to a wrongful death, we encourage you to meet with a wrongful death lawyer Harrisonburg VA as quickly as possible. Keep in mind that there may be a statute of limitations for how long the surviving family has to file a claim. Contact MartinWren, P.C. right away so we can ensure that the person or organization faces the consequences of their actions.
Speak With a Wrongful Death Lawyer Harrisonburg VA Can Provide
At MartinWren, P.C., our lawyers know just how devastating it can be to lose a loved one in an accident. It can be just as frustrating and disheartening to find out that the entire incident could have been mitigated or prevented entirely.
If you believe that your loved one was the victim of a wrongful death accident, our law firm may be able to help you and your family collect the compensation that you deserve. To set up a free case evaluation with a wrongful death lawyer Harrisonburg VA residents trust, contact Martin Wren, P.C. today by calling our local office at (434) 326-5466.