In a majority of cases, wrongful death claims are the result of a car accident where one of the drivers was guilty of negligence and carelessness.Other ways of referring to wrongful death claims are wrongful death action, or wrongful death lawsuits. Either way, they are filed with the civil courts with the intention to seek compensation from the parties responsible for the ultimately fatal injury through their careless negligence. On top of the civil action, criminal courts may also get involved, however, this is circumstantial and not always the case.
The people who may file this wrongful death lawsuit are family members, spouses, and children left behind, and it is to be filed against the responsible party or their insurer. In the majority of cases, it is the guilty party’s insurance company who will ultimately be responsible for paying compensation to the bereaved ones.
The Factors Compensation Is Based On
Since no money in the world can ever replace a lost life, it is always a delicate and often heartbreaking process to determine how much compensation will need to be paid. To make it easier, the main focus is placed on the financial hardships the bereaved ones now have to deal with as a result of the fatal injury, and less so on the emotional impact it had on them.Some of these recoverable damages are:
Into this category fall the costs for medical treatments and medication, traveling expenses for loved ones throughout treatment, funeral and burial expenses, nursing and/or housekeeping services, and partial compensation for loss of income. Actual expenses follow the system of: the grander the financial loss, the grander the compensation.
This compensates for any financial loss the grieving loved ones have suffered as a result of the death, including the contributions they would have received, if the deceased one were still alive. The estimate of this compensation is done by the Personal Injury Lawyer in Vaughan and should be fitted to the influence of inflation, as well as future projected earnings. The entire principal of this system is partially based on “pecuniary loss”.
Loss of Guidance, Care and Companionship
Losing a loved one is an extremely tough cross to bear and comes with pain that is immeasurable. This is why the compensation for this category is often awarded on top of financial support.Oftentimes, the age and living arrangements are taken into consideration when damage awards are under consideration, since guidance attempts to make up for any teaching, disciple and moral direction that would have been provided by the deceased.