A wrongful death case is a claim that may be brought by a family member against an individual responsible for the death of their loved one. A wrongful death case is typically brought by a deceased person’s spouse, child, sibling, or parent, as they are all considered legally next-of-kin. Damages can cover loss of income, loss of affection, and more.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action usually brought by the surviving family of a victim who died due to the negligence of another person. The deceased’s family members can seek compensation for damages if they can prove that their loved one lost their life due to another person’s negligence.
They can also seek compensation for financial support and loss for which they legally depended on their loved ones. If the damages are proven, the deceased’s family members can receive compensation from the responsible parties or other parties in a wrongful death case. An Augusta wrongful death attorney can guide the grieving family through the claims process.
Recovery for Loss of Income
The first way that a family member recovers damages in case of a wrongful death case is by claiming loss of income due to the death of their loved one. They can only recover this lost income if they are legally dependent on the deceased.
Claimants must prove that they had a reasonable expectation that their loved one would be able to earn income or provide financial support for them if the tragedy did not occur.
Recovery for Loss of Love, Affection, Relationships, or Companionship
A family member may recover damages in a wrongful death case by claiming loss of love, affection, relationships, and companionship caused by their loved one’s passing. They can only recover this lost relationship and companionship if they have a legally recognized relationship with the deceased loved one.
Recovery for Mental Anguish
Another way a family member recovers damages in a wrongful death case is by claiming mental anguish, loss of affection, and duty of care caused by their loved one’s death. A person can only recover damages for mental anguish if they have suffered from severe distress due to their loved one’s passing. A lawyer can help find compelling proof to support the claim.
Damages for Loss of Income
If a person claims lost income due to the death of their loved one, they must prove that they were legally dependent on their loved one. To do this, family members must show that the deceased person financially supported them.
This can be done by showing any records of support from the deceased. It can also be proven by showing any records they provided while alive to obtain support or financial aid from someone else.
Dependents
A family member needs to understand that different claims have different rules. If a person is suing for the loss of income of their loved one, they need to prove that they were legally dependent on them.
Legal Dependency
To prove legal dependency, family members must have had a reasonable expectation that their loved ones would be able to support them and provide for them financially or otherwise. For dependency to be proven, family members must show a legally recognized relationship with the deceased.
Types of Relationships
There are two main types of relationships that are typically involved in these claims. The claimant is either a descendant or an ascendant. A descendant is a child or grandchild, and an ascendant is the dead person’s parent or grandparent.
Contact a Wrongful Death Attorney
Contact an attorney if you have lost a loved one due to someone else’s negligence. Lawyers are dedicated to fighting for your rights and will aggressively pursue justice on your behalf. They will fight to obtain maximum compensation for your losses and ensure that the responsible parties are held accountable for their actions.
