Charles E. Boyk Law Offices, LLC
A loved one’s death can weigh heavily on their surviving family, but the pain they feel could be amplified further if the death was avoidable. Unfortunately, countless preventable deaths occur each day, and those responsible are often not held properly accountable.
If you believe negligence or malicious intent may have factored into your family member’s death, speak with a dedicated attorney to find out if you have grounds to file a lawsuit. While no amount of compensation can bring back a loved one, working with a Sandusky wrongful death lawyer could help you hold those responsible for their death accountable, so you can begin the healing process.
Wrongful death occurs when a person, company, or organization’s negligent or intentional actions result in an individual’s death. Since the individual has passed, a representative of their estate—typically a family member—is eligible to take legal action on their behalf.
Estate representatives are usually immediate family members or spouses, but anyone named in the will could potentially file a wrongful death claim. Wrongful death claims can be filed for many different things, such as:
A Sandusky wrongful death lawyer may be able to identify multiple liable parties depending on the situation surrounding an individual’s death. For example, if a defective product causes fatal injuries to a user, a surviving family member may be able to hold the manufacturer, distributor, and retail seller of the product liable.
Often, losing a loved one can place significant financial strain on a family, especially if the lost individual was their primary breadwinner. This stress can make emotionally processing the death more difficult and could trigger the onset of depression, anxiety, or other mental disorders.
When filing a wrongful death suit, a compassionate Sandusky wrongful death lawyer may be able to guide survivors through quantifying the damages they seek. A family may seek monetary damages to accommodate a new financial situation, as well as to cover any additional mental health care treatment a grieving family member may need. In addition, those filing may be able to ask for compensation for intangible losses such as loss of enjoyment, comfort, or companionship.
In some cases, the court could award punitive damages to the deceased’s surviving family members. In general, punitive damages are awarded explicitly to punish the responsible party and discourage them—or anyone else—from engaging in the same behavior in the future. These damages are not easily calculated, and they may not be awarded in all cases.
Punitive damages tend to be awarded in cases where the court find that gross negligence factored in the death. If these damages are dispensed, the amount would be decided by a judge. Alternatively, survivors may also file what is called a survival action. This may allow them to obtain compensation for the suffering their loved one experienced prior to death.
The death of a loved one always leads to an emotional struggle, and a recent death may still be a source of great pain. However, if your loved one’s death was avoidable, you may be able to seek legal action to hold those who acted negligently responsible. Contact a Sandusky wrongful death lawyer today to set up a consultation. They may be able to provide advice for what legal actions could be taken to help you heal.