Knowing Your Rights When You Lose A Loved One
Brian O Sutter
Wrongful Death
Personal injury law can encompass a lot of different specific things and specific types of accidents, but in the end, the primary thing to keep in mind is simply that those who are injured by the reckless or negligent actions of someone else could be entitled to financial compensation for their injuries.But what about those who lose a loved one to an accident? When someone dies due to the reckless actions of another party, it is what is known as 'wrongful death' and the survivors who are left behind do have rights. One of those rights is the opportunity to seek out financial compensation for their loss.
Knowing Your Rights
The first step you'll need to take is understanding what wrongful death claims involve and what allows you to seek compensation. Essentially, these types of legal claims are the same as other personal injury claims in that it must be shown that your loved one was killed through reckless or negligent actions of someone else.
This can include a wide range of things including:
- Failure to provide safe working environments
- Failure to correct safety issues on a property
- Driving drunk
- Texting while driving
- Speeding or driving in an unsafe manner
Even a product recall such as the recent Takata airbags could be considered grounds for a wrongful death lawsuit. The bottom line is simple - if your loved one died through actions that a reasonable person would identify as reckless or negligent, you may have a case.
The reason to seek compensation goes beyond just 'getting paid'. In reality, the loss of a loved one is something that can never fully be compensated. But it is something that also throws financial stability into a major upheaval. Funerary costs, the loss of a main source of income, medical bills related to the accident, and more are all potential burdens that can be placed on those left behind.
Seeking compensation for a wrongful death helps you find that financial stability, but it also helps make it easier for you to grieve properly. Instead of worrying about finances, you are able to focus on your grief and on moving on with your life eventually. In short, getting compensation is something that makes a lot of sense for anyone who has lost a loved one due to wrongful death.
What Makes A Settlement Fair?
One of the key challenges with any kind of personal injury case, and especially with wrongful death cases, is understanding what makes a settlement offer a fair one. Many insurance companies or representatives for the person responsible for a wrongful death may offer a settlement amount to the bereaved. However, this is often a sum that is much smaller than what is actually fair.
This is due to the fact that many different things go into a fair settlement. Consider some of the factors that may play a role in your finances after losing a loved one - and what goes into a fair settlement offer.
- Medical costs
- Funerary costs
- Lost wages
- Change in life to those dependent on the deceased
- Mental and emotional pain and suffering of the bereaved
- And more
In particular, a court will often consider the overall amount of financial contribution a deceased will make in a family during their life and then apply that sum to a settlement. In other words, a fair settlement offer goes well beyond just the initial medical costs and funeral expenses.
Nothing can bring your loved one back, and the grieving process can be long and difficult. But with the right legal team on your side, you can at least get the financial stability you need to go on living your life and working to move on without your loved one.