If a lawyer takes on a client that intends to pursue a wrongful death case, that same attorney will not talk about the client’s expected compensation. Lawyers refer to such money as damages, because it is supposed to cover the damages that resulted from the tragic departure of a loved one. Regardless of how it gets named (compensation or damages), the awarded money can come in at least 2 different forms.
The damages that reflect the initial reason for the family’s grief
Those are the costs that managed to grow as the person that is now deceased was struggling to survive, despite having suffered fatal injuries, as the result of an accident. Those would include medical expenses; cost of pain and suffering, the deceased’s lost wages (while hospitalized) and, finally, the funeral and burial expenses
The damages that the family must deal with, after experiencing the death of a loved one
Those that had lived with the person that suffered a terrible death may have depended on the money that the deceased brought into the house. If that were proven to be the case, then the deceased’s close family members could claim a right to the money that the deceased would have earned.
Some states also allow payment for loss of consortium. That is money that must compensate for the absence of someone that had served as a source of love and companionship. The child of a deceased parent often deserves the compensation that is associated with damages of this form. They usually connect with Personal Injury Lawyer in Brantford to help them get the right legal assistance.
A third category that must be added, in some cases
This is the category referred to as punitive damages. In this instance, the awarded money must come from the person that committed the accident-causing act of negligence. The court does not demand punitive damages from everyone that has caused a fatal accident. The award money that falls under the heading of punitive damages gets paid by those that have acted in an egregious manner. In view of members of the legal profession, the person that must pay the award granted by the court is expected to learn a lesson.
Sometimes the person that has taken the life of another individual faces a much harsher punishment, one dictated by the jury in a criminal court. Still, the law recognizes the right of the family to seek the money that falls under the third category of damages. In fact, a family can go after that money, even if the jury at the criminal trial declared the alleged criminal to be innocent.
A jury’s decision, regarding the awarding of a fine for punitive behavior does not get based on an argument that leaves no shadow of a doubt. Instead it reflects the presentation of evidence that shows that it was more likely than not that the actions of one negligent individual caused the death of the grieving family’s loved one.