Charles E. Boyk Law Offices, LLC
If a person dies in an accident, their loved ones could be left in a state of grief and confusion. If the death was avoidable, survivors may not know what steps to take in the wake of such a tragedy. It might be important to know that you have legal options if an accidental death was the result of the negligent actions of another person or organization.
If you find yourself in this situation, a lawsuit filed by a Gibsonburg wrongful death lawyer could allow you to collect damages on behalf of a deceased loved one. A dedicated personal injury attorney may be able to help survivors learn more about wrongful death and discuss any potential claims.
For the court to find an entity guilty of wrongful death, it must be demonstrated that irresponsible or negligent actions directly resulted in someone’s death. If a surviving family chooses to retain one, a wrongful death lawyer in Gibsonburg may also need to prove the liable entity owed the deceased a duty of care. Wrongful death suits may be filed under a variety of circumstances, which may include:
The person filing the claim must be a representative of the deceased’s estate. This representative may be a spouse, adult child, or close relative. Since wrongful death claims are handled in civil courts, a person could still be found liable in a civil court even if they are found not guilty in a criminal court.
Family members may typically recover two types of damages during a wrongful death case. These two types of damages are called pecuniary and punitive damages.
Pecuniary damages are calculated by the court and may take the earning potential, salary, and employment benefits of the deceased as factors into consideration. The more a person earned while they were alive, the more pecuniary damages their family could recover. If a child or unemployed person is killed due to a car accident, the court may attempt to estimate how much the person would have earned for the rest of their natural life.
Punitive damages may not be as easy to calculate. These damages are intended to punish the responsible party and discourage them from engaging in similar actions in the future. Punitive damages are not always awarded and may fall to the discretion of the court. If they are awarded, courts may do so with respect given to the degree of recklessness involved.
Estate representatives may be able to file to a “survival action.” If successful, which could allow estate representatives to collect damages for any physical or mental suffering the deceased may have endured prior to their death.
The court may take elements such as the severity of pain experienced by the deceased person and the length of time it took for them to die into consideration. If a person suffered greatly, their representatives may be awarded more compensation. Reach out to a compassionate Gibonsburg wrongful death attorney for help with filing a survival action.
Knowing your loved one may have died because of another’s negligence could weigh on anyone. you may be struggling merely to process the death while dealing with the emotional pain. There may be a variety of legal options at your disposal.
It might be possible to hold those who potentially caused a fatal accident responsible. Speak with a Gibsonburg wrongful death lawyer now to discuss your case, the events surrounding your loved one’s death, and how you may be able to recover.