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Exposing Wrongful Death Myths You Have Likely Heard

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Losing a loved one is always a sad and emotionally stressful event, but this can be made even worse when the death was the result of someone's negligent behavior or actions. While there is no way to bring your loved one back to life, the courts allow you to pursue wrongful death claims, but these cases are often extremely misunderstood by clients. If you are under the impression that either one of the following myths are true, learning the truth may make it easier for you to pursue justice following a wrongful death. 

Myth: Wrongful Death Claims Only Consider The Lost Income Of The Deceased

Putting a value on life is something that most people want to avoid doing, but it is a question that the courts are repeatedly asked to address. Unfortunately, this is a process that is confusing to many people. However, understanding that the value the court decides is determined using a variety of factors. For example, the courts will almost always consider the survivor's loss of companionship, emotional distress and the loss of any benefits tied to the deceased. 

However, it should be noted that the exact factors can be wildly different from one jurisdiction to another. Therefore, it is important for you to speak with an attorney when you are considering your options because they will be able to determine what the best course of action is for your situation. 

Myth: Myth Anyway Close To The Deceased Can File A Wrongful Death Claim

Some people are under the impression that anyone close to the victim can sue for wrongful death. Unfortunately, this is not the case, and there are strict regulations in place that determine who has standing for this type of lawsuit. Generally, family members and spouses are the only individuals with the power to bring a wrongful death lawsuit, and this can be very limiting for those that want to see justice for a friend that was a victim of this type of negligence. 

Interestingly, there are some communities that will allow the business partners of the deceased to pursue a wrongful death claim. The death of a business partner can cost a firm contract, connections and other resources that can cripple the enterprise. As a result, this rule is designed to help insulate these individuals from the financial repercussions of this accident.

A wrongful death case is something everyone wants to avoid going through, but this may be the only way to ensure that justice is served. Yet, you probably have little knowledge about these cases, but understanding the factors that go into this ruling and the limits on who can bring this lawsuit will help you make smart decisions for your situation. Talk to experts like Law Office Of Tammy Strohl PA for more information.


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