If a person dies as a result of someone’s negligence that case is called a wrongful death case and what happens there is that an estate is opened on behalf of the individual who passed away in the accident and claims are submitted to recover damages as a result of this person’s unfortunate death. In a wrongful death case the person who is typically appointed to bring a case is a relative, usually it is a spouse it could also be a son, or a daughter. Many times if it’s a wrongful death case involving a child it´s the parent who brings the wrongful death claim ..on behalf of the estate. The type of cases which a person can file a wrongful death case are all types of cases auto accident cases where individuals have died as a result of an accident, medical malpractice cases where individuals have died slip and fall cases for example: someone slips and falls and hits their head and unfortunately dies as a result of the accident Those are all type of cases where a wrongful death case can be brought.
In a wrongful death case there are different types of compensations that the family can receive in pursuing a law suit. The first type of a damage or compensation is loss of financial support and economic losses. So, for example: if a father was providing support for his wife and two young children one of the claims would be the actual loss of financial support that he was providing to his family. There are other types of financial damages such as funeral expenses childcare, if the father was actually providing helping provide care and then the wife had to hire someone to help provide care. Those are examples of types of financial claims that can be made.
The other type of claim is a loss of companionship claim There is nothing worse than if a child loses a father that is irreplaceable the damages involved and that is many times that is the primary claim that is made in a wrongful death case. The determination of who can receive compensation in a wrongful death case for loss of companionship or loss of society is a jury. A jury of ones peers makes the decision. So, if you get to a trial the determination of what the damages are and what the losses are are going to be made by the jury in the case.
A jury bases its determination of the value of the loss of a loved one and the loss of companionship many times on the testimony of the family members who have lost the person as a result of someone’s negligence. So in many cases, a wife will testify regarding her relationship with her husband and what they did and how important the husband was to her life and children many times will testify as to what the value was of the loss of a parent. Also experts are retained and hired to evaluate what the losses are. So for example: if a child looses a parent many times a psychologist will be hired to interview the child and talk to the child about what the losses are, what they are feeling and how the loss has affected them and how the loss will affect them in future.