Losing a loved one to negligence might procure a broad range of emotions that include grief, anger, confusion, and more. You might be so overwhelmed that you struggle to cope with your situation. You might be so preoccupied with your loss that you feel as if you cannot focus or think about anything else. At some point, you might ask yourself whether or not you should ask a wrongful death lawyer to review your case. You may also feel that you don’t have the mental strength to proceed with any legal action. As empathetic wrongful death lawyers, we have known of clients in a situation like this which is why we offer emotionally sensitive-based consultations in our office or, sometimes, in a mutual place that is comfortable for you.
Many of our cases involve a personal injury and wrongful death claim. Our experience in these areas of the law is considerably broad. Due to the nature of wrongful death cases, our lawyers are ready to provide you with a compassionate, supportive consultation that will be mindful of your emotions.
Should You File a Wrongful Death Claim?
After losing a loved one, you might wonder whether you should file a wrongful death claim. We know of many families who found a sense of closure after doing so, and we encourage you to consider whether this might be possible for you as well. A claim cannot bring your loved one back. However, compensation might help to make your life easier. You may be able to take some time to focus on recovering and healing. Some families will choose to use the compensation to make a difference in the lives of others or petition the government to make changes in legislation.
In general, most wrongful death claims are settled out of court through negotiations that are handled by your wrongful death lawyer and the defense. In the event of negotiations being unsuccessful, or the death was a part of a class-action lawsuit, the case may be filed as a lawsuit rather than a claim. The process of a lawsuit is different than a claim and will need to be handled by a wrongful death lawyer. What is applicable, or likely, for your case will largely depend on the circumstances of what happened. In any case, damages for the following may be sought:
- Medical expenses prior to the death
- Funeral and burial costs
- Loss of earning capacity
- Loss of income
- Loss of companionship
- Loss of consortium
- Emotional anguish
- Physical pain
In very select cases, a lawyer will seek punitive damages. In general, this is only applicable when a malicious act or gross negligence caused the death. Punitive damages are meant to punish the defendant and are often significant. For a case review and consultation, please call a wrongful death lawyer. There may be other damages, and this can be explained by Kamper & Estrada, PLLC. It is important to understand that the value of your case cannot be estimated without knowing more details.