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Photo of Victor C. Mitchener and Joseph H. Downer
"Photo of Victor C. Mitchener and Joseph H. Downer"

Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

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Seeking damages for consequences of a wrongful death

On Behalf of | Jul 11, 2023 | Wrongful Death

A loved one’s death through the reckless or negligent actions of another can bring overwhelming emotions to the surviving family. If the wrongful death victim was a household’s primary income provider, the decedent’s family will have to face not only the pain of losing their loved one, but also the financial burden of losing their main source of resources that funds their necessities and maintains their lifestyle.

But a victim’s family is not left without available actions. For one, the law allows them to bring an action for damages for the wrongful death.

In the now: current consequences

In successful wrongful death cases, courts usually award damages for consequences that the surviving family is currently experiencing. This consists of medical, funeral and burial costs. The family can bring a solid case to recover compensation for these expenses by submitting official receipts and documents.

Current consequences also include the pain and suffering of the decedent’s family for losing a loved one. While normally, there is little to no way to calculate emotional distress, the courts acknowledge its existence and usually award compensation.

Looking ahead: future consequences

While proving this can be more difficult, a victim’s loved ones can also seek damages for future losses. This includes income, services and support that the surviving family would have received continuously from the decedent if not for the wrongful death.

Losing a person you and your family mostly rely on can bring you both emotional and financial distress. Understandably, your worries can pile on if you are unsure how to initiate or move forward with your wrongful death case. The first step in legally addressing a wrongful death is knowing your rights. Know what compensation you can recover. You can connect with a wrongful death legal expert to ensure that you are on the right path for your lawsuit preparations.