Wrongful death claims can be filed in the event that a loved one or dependent receives a fatal injury at the fault of another party. These types of claims will almost always require legal representation and more often than not, are settled within a courtroom. If your spouse or family member was killed in an accident related to negligence by an outside party than they are liable for any damages that are incurred. There are different types of damages and it is important to have some understanding of their differences. This will help you to better understand what type of benefits you are eligible for.
There are two common types of damages that can be filed in a wrongful death claim. One category of damages includes those sustained by the victim up until their death. This type of damage can include medical expenses, mental and physical pain, lost wages and eventually funeral and burial costs. The time allotted for these damages can range from hours to months. The second category covers the losses bared by the next of kin. These damages often include financial losses as well as emotional losses. These rules vary state by state. Thus, you will need to talk with your injury lawyer in Sarnia to know about the laws in Ontario.
There are rules determining who can file wrongful death claims as well. Most often it is the spouse, children, or parents that are eligible to claim wrongful death damages. A spouse can claim emotional damages and loss of wages. Minor children are eligible for benefits meant to cover the comfort and support they would normally receive from the deceased. Parents typically file for damages after the loss of a minor child. This restitution is also meant to cover the emotional loss and trauma they have suffered because of this loss. Usually, parents do not file for damages when it involves their adult children and vice versa. This is usually left to minor children and spouses.
Wrongful death claims can be time consuming and it important that anyone filing such a claim hires legal representation when doing so. This will eliminate a lot of the problems you may face when filing such a claim. Plus, after suffering a tragedy such as this it can be difficult to concentrate on these types of details. You will need to present enough details and documentation in your case to prove that wrongful death has occurred. This can become overwhelming without help. But, successfully filing a wrongful death claim can benefit you greatly in the aftermath of a loved one’s death and with the help of legal representation this will be an easy task. Punitive damages are often rewarded to the victim’s family not only for their benefit but also to serve as consequence and warning to the negligent party.