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Losing a loved one is always a painful experience. A preventable an unnecessary death is even more heartbreaking. If you have lost a loved one due to someone else’s negligence or wrongdoing, you may be entitled to compensation under wrongful death laws. While no amount of money can make up for your loss, it can be the means for you and your family to survive the loss financially. A wrongful death lawsuit is not a murder trial. It is a civil case, not a criminal case, and the emphasis is placed on financial compensation for the loved ones of the victim, rather than punishment for the person responsible for the death. This can be hard to accept, but understanding the difference is the first step in understanding your case. Although punitive damages may be awarded, the defendant does not face prison or jail time. However, there are advantages of a civil suit over a criminal case. It is easier to meet the standard of proof required to win your case, and in many cases it is your only opportunity to hold the defendant responsible in any way. Also, pursuing a wrongful death lawsuit does not rule out the possibility of a criminal trial, if a crime was committed. Compensation
One important purpose of wrongful death law is to compensate loved ones for the financial loss and burden caused by the death. It is impossible to put a dollar amount on the value of a loved one, but in pursuing a wrongful death case you will be asked to do so in several ways. One important aspect is compensation for the contributions that your loved one would have made if he or she were still alive. If the deceased was the breadwinner of the family, pursuing compensation can be critical to supporting yourself and your children in the years to come. In cases where he deceased bring any income into the home, other contributions such as childcare, protection, and guidance are still taken into consideration. Although each situation is different, in most cases surviving loved ones may recover:
• Medical bills
• Funeral and burial expenses
• Loss of the victims anticipated future earnings
• Loss of benefits if the victim provided medical, pension, dental, or other benefits
• Loss of services the victim provided, such as childcare, housekeeping, etc.
• Loss of companionship
• Mental anguish and suffering
• General damages
• Punitive damages Time limits
Although it is difficult to think about legal matters during your time of grief legal time limits, called the statute of limitations, will apply to your case. You must take action before the time limit runs out or you will forever give up your right to pursue your case. If a loved one in your family has seriously injured or killed in Maryland, Virginia or Washington, D.C. as a result of another person’s negligence, contact the wrongful death lawyers at Chaikin, Sherman, Cammarata, & Siegel P.C.
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