At Bansley Anthony, we understand that this is an incredibly difficult time for you. While dealing with the shock and sadness that losing a loved one brings, you might be stressed over how you will pay for short term expenses, such as funeral bills, and long term expenses now that your provide is no longer with you. Let us put your mind at ease by taking on the burden of recovering compensation for your loved one’s death from the at-fault party. Putting your trust in Bansley Anthony will give you peace of mind and allow you to focus on what is truly important at this time – your family.
What is Wrongful Death?
Wrongful death occurs when one person dies as a result of another person’s negligence. The cause of death might be a car accident, an error that occurred during surgery, or some other accident that occurred because the at-fault party was acting carelessly. An individual person or a larger entity, such as a business or company, can be guilty of wrongful death.
Filing a Claim
In order to file a wrongful death claim, you must meet two requirements. Firstly, you must be related to the deceased. Secondly, you must have been financially injured by the death of your family member. In many cases, this means that spouses and children are the ones filing a wrongful death claim, however, a more distant relative such as a niece or nephew, a parent, or a grandchild can file a wrongful death lawsuit against the at fault party.
In order for your case to hold up in court, you will also have to prove that your loved one’s death was a result of someone else’s actions. You will have to show that the at-fault party either intended to cause the deceased harm, or that he or she acted in a careless way, and this resulted in death. The at fault party must have performed an inappropriate action or he or she must have failed to act altogether if you want to prove that he or she was truly at fault for the accident and subsequent death.
If you are able to prove that your loved one was killed due to someone else’s negligence, and that the death of your family member has left you financially compromised, you can recover damages from the at-fault party. These damages fall into three categories – compensation for short term expenses, compensation for long term expenses, and punitive damages.
Short Term Damages
Short term damages will cover expenses that are a direct result of your loved one’s death. Short term compensation includes:
- Medical expenses.
- Fixing damaged property.
- Funeral bills.
Long Term Damages
If the provider in your family is suddenly killed, you might not have a plan for how you will maintain your standard of living and pay for basic expenses. If this is the case, the at fault party is responsible for paying for long term expenses such as utility bills, mortgage payments, and more. The court will determine roughly how much money the deceased would have been able to make during his or her lifetime (taking into account the potential of getting a promotion, retirement packages, etc.) and order the at fault party to pay this money to the deceased’s family. The long term expenses that the at fault party has to pay can be extremely expensive, depending on the case.
In addition to short term and long term damages, an at fault party might have to pay punitive damages to the family of the deceased. Punitive damages punish the at fault party for his or her reckless behavior. The theory behind punitive damages is that they will deter the at fault party from acting in a reckless manner in the future. For example, if the at fault party was drinking while driving at the time of the accident, the punitive damages will discourage this party from drinking and driving in the future. A jury is responsible for awarding punitive damages.
If you have lost a family member due to wrongful death, you are probably overwhelmed. You might not know what the right action to take is, and you might have questions. If this is the case, you need a personal injury lawyer experienced in wrongful death cases to be a shoulder to lean on throughout this process. At Bansley Anthony, we can answer your questions, build your case, and provide support as you go through this difficult experience. To get help today, you can contact us here. Remember – you do not have to go through this alone!