In matters of personal injury, various circumstances could apply. Perhaps someone's negligence led to an injury. Or maybe safety regulations gave way to reckless behavior. Regardless of the cause, if an injury led to the death of your loved one, you might be eligible to recover damages.
Considering your loved one's untimely death, you could be interested in filing a wrongful death lawsuit. Depending on specifics of your case, you may also consider a survival action.
What damages could you recover in a wrongful death suit?
No matter the amount of money you might receive in a settlement, it is no replacement for your loved one who passed away due to the personal injuries they sustained. However, recovering damages through a wrongful death claim can provide financial compensation pertaining to:
- Loss of support
- Medical bills
- Funeral expenses
- Loss of consortium
Your loved one's age, earning ability, intellectual capacity and overall health may factor into the determination of the amount of your damages in a wrongful death claim.
You may be able to file a survival action as well
In addition to filing a wrongful death lawsuit, your loved one's injuries may also merit a survival action. Such a case would involve damages for the pain and suffering your loved one experienced. The amount of damages awarded may consider:
- How long your loved one suffered
- The severity of his or her pain
- The level of your loved one's consciousness, leading up to their death
Losing a loved one can be painful in any circumstance. However, if your loved one died because of another person's carelessness, matters may be substantially worse. Keep in mind that while you may want to make someone pay for what they have done, certain laws dictate your ability to recover damages. At the same time, you might be wise to consider your options.