Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
While any death may send family and friends into emotional turmoil, deaths that could have been avoided may be hard to process. Deaths caused by the careless actions of individuals and organizations can be uniquely galling.
If you believe the death of your loved one was the result of negligence, speak with an Oak Harbor wrongful death lawyer regarding a personal injury claim today. You may have grounds to file a wrongful death suit against the responsible party.
Losing a loved one is financially stressful. If you are victorious in court, you may be able to receive compensation to help offset these costs. Filing a suit can be difficult, but with the aid of a compassionate personal attorney, you could fight in memory of a loved one.
Even when a significant amount of evidence exists, proving wrongful death in civil court could be complicated. Surviving family members of the deceased—or the wrongful death lawyer in Oak Harbor advocating on their behalf—may need to establish certain facts to build a positive case. A plaintiff may typically need to demonstrate that:
The representative of the estate is the named plaintiff who sues on behalf of the deceased. This representative is typically an immediate family member or surviving spouse.
During proceedings, wrongful death attorneys in Oak Harbor may present how the liable party violated the duty of care owed to the deceased person. This could provide the direct or indirect connection between specific actions and the deceased’s death.
Individuals being sued for wrongful death may also be facing criminal charges. The burden of proof is typically small in civil cases, so even if a person was found not guilty of criminal wrongdoing, they may still be held financially liable in a wrongful death suit.
Losing a loved one could be both emotionally and financially damaging. As an attorney could explain, medical bills, funeral costs, lost wages, and everyday living expenses may quickly accumulate, and without compensation, survivors may end up in unexpected debt.
With the help of an Oak Harbor wrongful death lawyer, survivors could calculate the financial impact a death has taken. The court may take these factors, such as how much the deceased person earned when they were alive, into consideration when awarding damages.
If the case involves gross negligence on behalf of the responsible party, the jury may decide to award punitive damages as well. These are monetary awards meant to punish the liable party and prevent them from engaging in the same actions in the future.
Representatives of the estate may be able to file a “survival action”. These allow surviving family members to recover damages for the suffering of their loved ones may have experienced.
If a loved one died because of another’s negligence, you may be confused and angry. It may seem wrong that someone died due to another’s preventable action.
You may be able to file suit against the person or organization responsible for the death of your loved one. This may alleviate the unexpected financial burden and hold the responsible party or parties liable for their negligent behavior. Consult with an Oak Harbor wrongful death lawyer to discuss your case and get answers to any questions you may have.
Charles E. Boyk Law Offices, LLC