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Damages survivors of a victim of wrongful death can collect | Whitlock Law, LLC

 Posted on October 02, 2019 in Truck Accidents

For example, you may be able to file a wrongful death claim if your loved one was killed in a motor vehicle accident. By doing so, you can attempt to collect many types of damages, such as:

  • Lost wages: Since the person is no longer able to provide for their family, you may be able to seek damages for lost wages. But even if the person didn’t have a job at the time of their death, compensation may still be available. A common example of this is a wrongful death claim of a stay-at-home parent who contributed by raising their family. These contributions are defined as pecuniary losses in a wrongful death lawsuit.
  • Pain and suffering: You can seek damages for the pain and suffering your loved one endured before passing on. This is particularly important to consider in the event of a serious accident, such as one that resulted in severe burns or a traumatic brain injury.
  • Loss of companionship: When a person passes away, you no longer have them as a companion. To claim loss of companionship, also known as loss of consortium, the court will consider factors such as the person’s life expectancy, their age at the time of death, the stability of the relationship and the living arrangements of the individuals.

As challenging as it may be to seek damages after the wrongful death of a loved one, it’s critical to take immediate action to protect the legal rights of you and the decedent.

Depending on the circumstances, you may be able to settle with the negligent party and their insurance company out of court. If that doesn’t work, you have the ability to file a wrongful death lawsuit to seek compensation.

There are damages you can receive as the survivor of a victim of a wrongful death. Knowing what they are and how to get what you deserve will put you on the right track.

For example, you may be able to file a wrongful death claim if your loved one was killed in a motor vehicle accident. By doing so, you can attempt to collect many types of damages, such as:

  • Lost wages: Since the person is no longer able to provide for their family, you may be able to seek damages for lost wages. But even if the person didn’t have a job at the time of their death, compensation may still be available. A common example of this is a wrongful death claim of a stay-at-home parent who contributed by raising their family. These contributions are defined as pecuniary losses in a wrongful death lawsuit.
  • Pain and suffering: You can seek damages for the pain and suffering your loved one endured before passing on. This is particularly important to consider in the event of a serious accident, such as one that resulted in severe burns or a traumatic brain injury.
  • Loss of companionship: When a person passes away, you no longer have them as a companion. To claim loss of companionship, also known as loss of consortium, the court will consider factors such as the person’s life expectancy, their age at the time of death, the stability of the relationship and the living arrangements of the individuals.

As challenging as it may be to seek damages after the wrongful death of a loved one, it’s critical to take immediate action to protect the legal rights of you and the decedent.

Depending on the circumstances, you may be able to settle with the negligent party and their insurance company out of court. If that doesn’t work, you have the ability to file a wrongful death lawsuit to seek compensation.

There are damages you can receive as the survivor of a victim of a wrongful death. Knowing what they are and how to get what you deserve will put you on the right track.

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