Effects on the Family in Cases of Wrongful Death
If You Have Unexpectedly Lost a Family Member, It Will Be Important for You to Understand the Financial and Other Effects Your Loved One’s Death Will Have on Your Family
Losing a loved one in an accident is a tragic, life-altering event. It is something that no family should be forced to endure, and yet it is something that happens with unsettling frequency. Thousands of people die unnecessarily each year due to distracted driving alone. Medical negligence is a leading cause of death in the United States, and numerous other forms of negligence lead to senseless deaths as well.
Nothing about losing a loved one is easy. This is something that never changes. In order to attempt to move on, it is important for family members to take the steps necessary to assert their legal rights. The effects on the family in cases of wrongful death can be significant, and recovering just compensation can be essential to the coping and recovery processes.
Financial Effects of Wrongful Death
Wrongful death can lead to both financial and non-financial effects. By hiring an experienced attorney to file a claim, family members can recover compensation for both types of losses. Financial losses that can be recovered in a wrongful death lawsuit include:
- Medical Expenses Prior to Death – If your loved one received medical treatment between the time of the accident and his or her death, your family is entitled to compensation for all medical expenses incurred.
- Funeral, Burial, and Cremation Costs – In cases of wrongful death, families can recover the costs of holding a funeral as well as all necessary expenses incurred for burial or cremation.
- Other Out–of-Pocket Expenses – Families can also recover any other out-of-pocket expenses they incur as a result of their loved one’s untimely death.
- Loss of Earnings – Families can recover compensation for their loved one’s lost earnings prior to death, and in some circumstances eligible family members can recover their own loss of earnings as well.
- Loss of Future Earning Capacity – Eligible family members can also recover compensation for the income their loved one would have earned during the remainder of his or her lifetime. This is referred to as a claim for loss of future earning capacity.
Non-Financial Effects of Wrongful Death
The non-financial effects of a loved one’s wrongful death can impact family members’ lives on a day-to-day basis for years, if not decades, to come. In a wrongful death lawsuit, compensation can be recovered for non-financial losses including:
- Emotional Grief and Anguish – Eligible family members are entitled to seek financial compensation for the emotional grief and anguish they experience as a result of their loved one’s senseless death.
- Bereavement – Bereavement is considered a separate form of non-financial loss in many states, and family members who are bereaved can receive financial compensation for the profound sense of loss they experience following their loved one’s passing.
- Loss of Affection, Companionship, Care, Comfort, and Consortium – These categories of losses relate to the loss of a spousal or familial relationship with the family member who passed away, and financial compensation is available to assist in coping with these losses.
- Loss of Support, Training, and Guidance – These categories relate to the loss of educational support that the deceased would have provided during the remainder of his or her lifetime. Financial compensation is intended to help family members for whom this support, training, and guidance is no longer available.
- Loss of Moral Support – In many states, eligible family members can also recover compensation for the loss of moral support they experience (immediately and in the future) as a result of their loved one’s untimely death.
Different family members may suffer different financial losses following a loved one’s death. For example, a spouse’s losses will be different from those of a parent, and a parent’s losses will be different from those of a child. As a result, when pursuing a claim for wrongful death, it is important to ensure that each individual family member’s interests are adequately represented. At Oberheiden Law, we represent family members in wrongful death cases across the country, and we can help you recover all forms of compensation that are available to you.
Speak with a Wrongful Death Lawyer at Oberheiden Law
For more information about the compensation that is available to family members in cases of wrongful death, please contact us to arrange a complimentary initial consultation with one of our experienced attorneys. You can reach us 24/7, so call 866-376-4871 or tell us how we can reach you online now.