Should I Feel Guilty For Suing For Wrongful Death?
A wrongful death is a legal claim against a person who can be
held accountable for the death of a person. This type of death can occur either
through misconduct, negligence, criminal acts, accident or even murder .the
deceased family members sue the culprit for the wrongful death
Typical wrongful death damages are grouped into broad categories
based on two time periods. In the first category, the law permits the recovery
of damages that the deceased experienced from the moment that the deceased
suffered from negligent act to the moment that he/she lost their life. For
instance, if it was a car accident, the experienced damages may run from the
time that the car crashed to the time that his heartbeat stopped in a hospital.
The expenses may include the medical bills incurred, the lost wages due to bed
ridden nature of the dead patient, physical pain and even the burial expenses
that the family incurred. The second category covers damages incurred by the
next of kin after the death of family member. It covers the financial losses incurred
by family survivors after the death of the deceased. For instance, this may
include the compensation for the lost salaries of the deceased that he would
have gained until retirement were it not for untimely. In some regions, the
third category of exists and it refers to as loss of consortium. This is the
case whereby the surviving immediate family member is deprived of love and companionship.
This may apply to a child whose father has died.
For wrongful death to be lawsuit, the
following elements must be present:
personal representative of decedent’s state must be appointed.
must be loss of a human life.
death must be caused by someone either intentionally or a negligent action.
family members who suffer financial loss due to death of their person.
Anyone can sue for wrongful death if they meet the above requirements
needed to set up a case.
The court considers different factors
in determining the type of damages that should be awarded to the deceased
family members. These factors pertain the relationship between the deceased
with his/her living family members. Wrongful death damages can be awarded to
children. Minor children may be awarded for the lost benefits they received
from the loved one. These benefits may include financial support as well as
of a minor child. They can be compensated for the damages such as psychological
trauma and lost relationship.
Surviving spouses claim for compensation to damages such as loss of companionship
as and also trauma caused by the death of loved one.
If the deceased died under the recklessness or malicious act
of the wrongdoer, then punitive damages are awarded to the living family
members. Punitive damages are meant to punish the wrongdoers and discourage
them from acting like that again.
Suing for wrongful death can at times
make one feel guilty but at the same time, death of a member brings unbearable emotional
pains and traumatizing moments to family members. In extreme cases, financial hardships
may hit the home of the deceased. Bringing the culprit to justice is a relief
especially if the deceased died under the negligent act.