There is no easy way to grieve a loved one's death, and often, taking legal action is a last priority for the surviving family members. Death within itself is already overwhelming under any circumstance, more so when a family member has to deal with the deceased's final expenses. It is easy to experience dire financial straits if the deceased was relied upon financially by other family members. This is just one of the many ways in which the loss of a beloved family member can impact their surviving relatives.
Legal action, formally known as a wrongful death lawsuit, is provided for by every state. This civil lawsuit may be able to help the surviving family seek compensation from the negligent party that caused the death of their loved one to help ease the financial burden caused. The wrongful death lawyers in Johnston county are able to help those who believe they are entitled to financial compensation. If this is the case, people may call this legal professional today to book a free consultation.
What Is a Wrongful Death Claim?
To begin to understand what it is, an individual is required to understand what it is not. It is not a criminal prostitution, and thus, no fines with a conviction or prison time will result. The attorneys of Johnston county will take no part in bringing upon these causes of action.
Instead, wrongful death claims are civil lawsuits. Should a claim be successful, monetary compensation from the party at fault will result. These claims can arise from any death that occurred due to the negligence or misconduct of another person or entity. The insurance company of the defendant will also show a keen interest should a policy exist that may cover the death.
Elements of a Wrongful Death Case
Wrongful death happens when deliberate behavior, negligence, or deliberate negligence results in a fatality. Negligence can be described as the failure of an individual to behave how a reasonable person would have under alike circumstances.
In the case of those who need a wrongful death case to be established, an experienced wrongful death lawyer must prove that the defendant had the duty to care for the deceased. The standard of care must have been breached by their act or omission to act, which resulted in the direct cause of the injury or death of the decedent, and its accompanying damages.
Most Common Causes of Wrongful Death
Slip and fall injuries
Accidents involving commercial trucks
Is There a Time Constraint for a Wrongful Death Claim?
There is a time limit in which one is able to submit a wrongful death allegation, and it is formally known as the statute of limitations. This time period, however, differs from state to state and with each type of lawsuit. Once it expires, the court will no longer possess the jurisdiction to punish violators and offer fair compensation to the victims.
This is why it is of such importance to consider retaining wrongful death attorneys in Des Moines as soon as possible. These legal professionals will be able to provide answers to these questions during the free initial consultation provided.
Wrongful Death Damages
A number of factors will be taken into account by the court when determining the fair compensation to be awarded to the survivors of the deceased. These factors include:
Relationship between the survivor and the deceased
How much net income of the deceased is available to the survivors
The value of replacement for the services of the deceased
The life expectancy of all parties involved
Described below are what benefits may an individual be entitled to in relation to their relationship with the decedent.
The surviving spouse may be entitled to recover compensation in the form of loss of the deceased's companionship and protection, as well as mental pain and suffering from the date of injury.
Children of the decedent who are still regarded as minors may seek fair compensation in the form of lost parental companionship, guidance and instruction, and any mental pain and suffering from the date of the injury.
Each parent of the minor child that has passed may recover fair financial compensation as a result of the mental pain and suffering caused from the date of injury.
If there were no other survivors, each parent of an adult child may also recover from any mental pain and suffering caused.
Each survivor, from the date of the deceased's injury to their death, may be able to recover, with interest, the value of lost support and services and any future loss of support and services from the date of the death, reduced to present value.
Additionally, any medical bills, medical expenses, or funeral costs that arise from the decedent's injury or death may also be recovered by the individual who paid for them.
In addition to the already aforementioned compensatory damages, punitive damages may also be imposed by the court, should the court choose to do so. Punitive damages are normally appropriate in the situation where the defendant's grossly negligent, intentional, or reckless actions resulted in wrongful death.
These damages above serve not only to punish the negligent party but to discourage others from behaving similarly in the future.
Other Johnston Practice Areas
Why Choose Tom Fowler Law Firm?
At Tom Fowler Law Firm, the attorneys understand the exact hardships a family faces after the wrongful death of a loved one. That is why these wrongful death lawyers are dedicated to helping surviving victims seek fair compensation; in hopes of easing this financial hardship.
To learn more regarding any legal options following an unexpected passing, people may contact an attorney today for a free case evaluation. Everything that this law firm has to offer can also be found on its website or by simply getting in touch with a wrongful death lawyer via email or phone call.
At this legal firm, clients can vouch for the long history of recognizing the value of the deceased and helping surviving families on their road to recovery.