Lexington Wrongful Death Lawyer
Our loved ones are immensely important to us, and in reality, most people simply cannot imagine life without those closest to them. Unfortunately, even the closest relationships cannot last forever, and eventually, most of our loved ones will pass. However, we expect their passing to be timely and peaceful, but this does not always occur.
If you believe another person has caused the death of your loved one, you may have grounds for a wrongful death claim. If you can prove the negligence of another person is the cause of the death of your loved one, you may be entitled to compensation for your ordeal. Schedule a consultation with a Lexington wrongful death lawyer today to learn more.
Elements of a Wrongful Death Lawsuit
To bring a wrongful death lawsuit in Lexington, certain elements must be proven by a wrongful death attorney. The elements are as follows:
- The death of the person in question is caused by the negligence of another person.
- The surviving family members or estate representative suffered a monetary loss as a result of the death.
- The person filing suit is a representative of the estate of the deceased person.
Wrongful death claims can arise out of a variety of circumstances, including the following:
- Automobile accidents
- Medical malpractice
- Criminal activity
- Death during a supervised activity
- Occupational exposure to hazardous conditions
It is important for estate representatives to quickly file a wrongful death claim. If a person does not file their claim within a specific time frame, the court may refuse to hear the claim altogether.
Recovering Damages Following the Untimely Death of a Loved One
When determining damages, the court will take a variety of factors, such as the age, earning potential, character, and familial role of a person into consideration. In general, younger, higher-earning individuals will be worth the most. The court will also seek to determine how much the deceased person would have earned in the future, as well as how much they would have contributed to savings and college funds.
It can be hard to determine how much children and elderly individuals are worth. Since children have not had the chance to work and earn income, it can be hard to determine how much compensation their parents should receive. Conversely, since older individuals are often retired, it could be difficult to determine how much they would earn in the future.
What is the Difference Between a Survival Action and a Wrongful Death Claim?
In addition to wrongful death, it may be possible for an estate representative to file a personal injury claim in the name of their loved one. Such claims are called survival actions since the person who survives the deceased files the claim. Unlike other types of damages, survival actions will take the pain and suffering of a person into consideration, and the more pain the suffered, the higher the amount will usually be.
When determining the award in a survival action, the court will take the degree of consciousness, amount of pain, and the suffering of the deceased person into consideration.
Contact a Lexington Wrongful Death Lawyer
If you are considering filing a wrongful death lawsuit, you should take all your legal options into consideration. No one likes to sue, but if another person caused the death of your loved one in a negligent manner, you may be able to get the compensation you and your family need to survive.
Contact a Lexington wrongful death lawyer today for additional information.
