Wrongful Death Claims Aren’t Easy, but They’re Necessary
If you recently lost a loved one, your first inclination is not about filing a wrongful death claim. This is mainly because the grief that follows losing a loved one is overwhelming and the last thing you want to do is deal with an insurance company or file a claim against the at-fault party.
These types of claims are often not easy psychologically, as they bring up unwanted memories of the incident. However, these types of claims are often necessary. In most cases, the family members that are left behind, such as the spouse and children, suffer the consequences such as financial loss.
While nobody wants to dwell on the financial aspects of losing a loved one, it is required in many instances. Not only are family members entitled to be compensated for the loss of a loved one, but also the guilty party must be punished. This is especially true when it comes to medical malpractice wrongful death claims because the wrongful death could be a result of malicious or willful actions carried out by the medical professional. So, in cases such as these, punitive damages are also warranted.
If you reside in Birmingham and have experienced the wrongful death of a loved one, you may want to speak to a Birmingham wrongful death lawyer. Negligence may have occurred when unreasonable conduct results in the death of another person. Ultimately, negligence in the wrongful death claim pertains to the way in which a reasonable person or medical professional would have acted under the same or similar circumstances.
So, it is up to the claimant to prove that there was a duty which was owed to the deceased and ultimately that the duty was breached, resulting in a wrongful death. They also need to prove that the damages that they are claiming for are the result of the wrongful death.
Some of the damages that are available to family members when it comes to wrongful death claims are medical expenses related to the accident, funeral and burial expenses, loss of wages (both present and future), loss of comfort and guidance, loss of household services, and pain-and-suffering.
It is always important to speak to a qualified wrongful death attorney if you would like to pursue a claim or go after the at-fault party. Your lawyer has the necessary knowledge, resources, and skills in which to assist you in winning the wrongful death case and receiving compensation for your loss. So even wrongful death claims aren’t easy, they’re necessary and you will still need to employ the services of a professional attorney to assist you throughout this process.
They are certain procedures that are put in place and your attorney will be able to advise you of exactly how each one works and what you can expect at each stage of the claim. While you may not want to deal with claims and talk about money after losing someone that was very close to you, one of the best things that you can do is act as quickly as you can. The quicker you act, the sooner you will receive compensation, and the better your chance of being awarded full pain-and-suffering and other non-economic damages.
You cannot put a price tag on a loved one’s life, however, receiving compensation will assist you in recovering your financial expenses as well as all expenses incurred as a result of the loss of your loved one. A skilled attorney will also be able to assist you in determining how much compensation you can expect from your losses.