Ensuring Just and Fair Compensation for Wrongful Death

Jenny Richards By Jenny Richards, 7th Dec 2016 | Follow this author | RSS Feed | Short URL http://nut.bz/ejt7o-vg/
Posted in Wikinut>Business>Law

A wrongful death occurs when a person has lost his or her life because of the careless actions of another, either in the form of misconduct or negligence.

Ensuring Just and Fair Compensation for Wrongful Death

A wrongful death occurs when a person has lost his or her life because of the careless actions of another, either in the form of misconduct or negligence. Even though financial compensation cannot bring back your loved one, the legal system allows for financial restitution in order to bring the responsible party to account so that you can obtain some form of justice. A good wrongful death lawyer is necessary in such cases because they have the experience needed to properly calculate the damages due you and also gather all the necessary evidence to help you establish liability.

In order to bring forward such a case, you need to be the personal representative of the estate of the deceased person. Whatever damages are awarded are done so to the estate and can then be distributed to the affected parties depending on the will of the deceased. When you see a lawyer regarding the case, he or she will look to see if the following elements exist:

1. A human being has died
2. Intent to harm or negligence of another
3. Family members who have been left behind by the deceased that are suffering financial injury because of the person’s death
4. An appointed personal representative for the estate of the deceased

There are several different situations that can cause a wrongful death suit to be filed. They include medical malpractice, criminal behavior, occupational exposure to substances and conditions that are hazardous, airplane or automobile accident or death when carrying out an activity that is supervised.

Wrongful death legal aid is necessary in order to properly ascertain the damages due you. Usually, this is based on financial injury that includes loss of financial support, loss of expected inheritance, loss of services, funeral expenses and medical expenses. The law provides that whatever damages are awarded should be just and fair compensation for the financial injuries resulting from the person’s death. Interest is usually added to the amount awarded starting from the date that the person passed on.

In order to properly determine financial loss, one considers the condition, character, and age of the deceased. The earning capacity of the descendant is also considered as well as the intelligence, health and life expectancy of the person. Finally, the circumstances of those left behind are also considered. Even though this looks like a pretty straightforward calculation, many times it can be quite complicated. Other considerations taken into account if the person was an adult earning a wage will include the loss of parental guidance, loss of companionship and love, in addition to the loss of income.

Trying to figure out these things on your own can be very tricky. This is one of the major reasons that you should ensure to get the help of a legal expert with the experience necessary to give you reasonable figures. Remember that in all this, the jury will make adjustments before they give their final determination. The court though, has a right to adjust the figures either up or down for many different reasons.

Tags

Compensation, Fair Compensation

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author avatar Jenny Richards
I am a highly creative marketer who can always be trusted to come up with a new approach. I know that the client’s business comes first, and I never try to impose my ideas on others.

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