Debunking 2 Myths On Wrongful Death Claims

The loss of a loved one is sure to cause a lot of emotional turmoil and sadness to the family and friends of the deceased. This can be made even worse if the death was actually a result of the negligent or reckless act of another person, such as a healthcare professional or driver. The only solace for the family of the deceased is often to sue for damages from the at-fault party.

With the help of a wrongful death lawyer, such as those at the Law Offices Of John Drew Warlick Jr., P.A., you can get compensated for the loss of a loved one by filing a wrongful death claim in a court of law. However, wrongful death cases are often grossly misunderstood, and such misconceptions can result in failure to pursue damages or losing out on a fair amount of compensation. This article seeks to expose 2 prevalent myths about wrongful death claims and explain the truths behind them.

Anyone close to the deceased can file a wrongful death claim

In most states, only the spouse, or close relatives such as the parents or children of the deceased have the legal right to sue for damages. In some communities, domestic partners or even distant relatives may also be allowed to file a lawsuit. This can be limiting and frustrating for close friends who want to seek justice for the death of their loved one, but no party outside the family is normally eligible to file a wrongful death suit.

However, some states may allow for a business partner to the deceased to file such a lawsuit. This is often done to insulate them from the financial repercussions of the death, such as a loss of a contract or business connections.

Only the lost income of the deceased is considered

It is a common belief that courts only look at the financial loss suffered by the dependents of the deceased when awarding damages in a wrongful death suit. However, the process is usually a lot more complex, as the courts have to consider numerous factors in trying to put a value on the life lost. Issues such as loss companionship and emotional distress may be factored in during the damage estimate, along with the monitory benefits lost to the survivors.

Damages awarded may differ depending on the jurisdiction you file the case in, so it is important to talk to a lawyer before bringing a wrongful death suit to court. The lawyer should be able to advise you on the best course of action that will result in maximum compensation. 

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