Did you recently have someone you love pass away due to someone else's negligence? If so, you could have a viable wrongful death lawsuit on your hands. Here are some questions you're likely to have before you decide to move forward.
How Are Wrongful Death Lawsuits Different From Personal Injury Lawsuits?
While the obvious difference between a wrongful death case and a personal injury case is the person passing away, they are also different because of who the plaintiff is in the lawsuit. Wrongful death cases are often started by spouses, siblings, or children. They are known as the representative in the case, even though they were not the one that was the victim of the wrongful death case.
What Type Of Damages Are There In Wrongful Death Lawsuits?
The other difference between these two types of lawsuits is how future and past damages are calculated. A wrongful death lawsuit can allow you to seek damages for the pain and suffering your loved one went through before they passed away. In the example of an accident where the person was taken to the hospital and they suffered for a week or two before passing, those are damages that you can seek compensation for due to their situation. A lawyer can bring in a specialist to help determine how much pain and suffering happened at the end of your loved one's life to help strengthen your case.
The representative can also sue for lost earning potential from their loved one. This is often the case when a person depends on their spouse for future earnings. However, it can also include parents or siblings that they were providing financial support to dependents as well.
What Is Loss Of Consortium?
The nature of losing a loved one is going to provide more than just financial damages to you. There are going to be people that had that person in their life that are going to deeply miss them. Losing a parent, sibling, child, or relative can have a long-lasting impact on someone's life, which is where loss of consortium comes into play. You are allowed to sue for damages that are related to the loss of companionship that the person provided you, with the age of the person having an impact on how much compensation you can receive.
Reach out to a lawyer at a law firm like the Carton Law Office if you have more questions about wrongful death lawsuits.