Losing a loved one due to the negligence of another person can be one of the most life altering events that a family can experience, particularly if the lost loved one was the family’s provider. Not only do you have to deal with the emotional grief resulting from your loss, but you must also try to pick up the financial pieces left behind. However, after the wrongful death of a loved one, you may be able to sue the responsible party for damages depending on the circumstances of the case. Learn the types of damages available in a wrongful death case, and how an expert wrongful death attorney can help you get a just settlement after the loss of a loved one.
Lessen The Financial Impact
The most common form of damages awarded in a wrongful death case are known as economic damages. These damages are specifically designed to fill the financial void that your loved one has left behind. Economic damages are made up by a number of categories, but the most common ones include funereal/medical expenses, the loss of earnings from your loved one’s job and the loss of benefits, such as pensions or insurance coverage. While economic damages will not help ease the pain of losing your loved one, they can help to mitigate the financial harm you’ve suffered following their death.
Damages For Emotional Pain
Not all damages awarded in a wrongful death case are calculated on the basis of financial harm. Non-economic damages are generally given to the surviving family based on less tangible criteria, such as emotional pain. It is not uncommon for non-economic damages to end up being larger than their economic counterpoint, particularly if the deceased has left children behind. Non-economic damages can be awarded on the basis of emotional anguish, the loss of parental love and guidance and the loss of spousal support. These types of damages are to meant to relieve, in a small part, the emotional hole your loved one has left behind.
Punitive Damages In The Case Of Negligence
As the facts of your wrongful death case come out, it could be revealed that your loved one’s death was the result of gross negligence. In a legal sense, this means that the culpable party caused the wrongful death through extreme recklessness or carelessness. Damages awarded in such circumstances are known as punitive damages. Understand, however, that punitive damages are extremely hard to receive, and certain organization—such as government entities—are immune from being fined punitively.
Recover Fees And Earn Interest After Your Case
Once your wrongful death case has been decided, you may be able to recover your legal fees in addition to any damages that you have been awarded. This varies from state to state, and these fees are generally collected from the defendant at the conclusion of your case.
Depending on your judgment, it is also possible that can request interest on the damages you have been awarded. However, this also is contingent on the state in which you live, and is not commonly awarded.
Don’t Let The Clock Run Out On Your Wrongful Death Case
Finally, it is important to understand that you must file your wrongful death suit in a timely manner. Almost every state has what is known as a statute of limitations for wrongful death cases, which limits the amount of time to bring suit. Generally, the time period is two years from the date of your loved one’s death, but could be as short as one. To make sure you receive the damages you deserve, it is important that you file the case as soon as possible, and the easiest way to do this is by hiring the expert attorneys at the McMahan Law Firm. We understand how difficult it can be to lose a loved one, which is why we will handle your case with the care and compassion you deserve.
Keep the clock from running out on your loved one’s wrongful death case — contact the McMahan Law Firm today.