A wrongful death takes place when a person is killed as a result of the negligent actions or misconduct of another person. In the event of a wrongful death claim, the people eligible to collect damages are the deceased person’s surviving immediate family members – the spouse and children.
Elements of a Wrongful Death Claim
In order to successfully win a wrongful death lawsuit, you must be able to prove the following points:
- The person’s death was caused by the negligence of another or by an intentionally harmful act
- There are surviving family members who have suffered monetary damage as a result of the death
There are many situations that can lead to a wrongful death claim. Some of the most common include:
- Medical malpractice
- Auto accident
- Criminal behavior
- Defective products
- Unsafe premises
If you have lost a loved one and believe you may have a wrongful death claim, contact the wrongful death lawyers at Stephens & Holman to see if you are eligible to receive compensation for your loss. Your initial consultation is complimentary.
Damages in a Wrongful Death Claim
Monetary damages may be collected in a wrongful death claim to compensate the immediate family of the victim for the loss of their loved one. You may be able to receive compensation for:
- Loss of future economic support
- Loss of potential inheritance
- Medical expenses
- Funeral expenses
- Loss of companionship
Determining the damages in a wrongful death claim is a complicated matter. Many factors are considered in this calculation, including the victim’s age, earning capacity, life expectancy, number of dependents at the time of death, and overall health at the time of the accident. Frequently, you will need to present expert testimony in support of your calculated monetary figure.
In cases where the wrongful death was the result of an action intended to harm the victim, punitive damages may be awarded as well.
Expert Representation for your Wrongful Death Claim
It is important to choose an experienced wrongful death lawyer to represent you in your claim. This is a very complex and nuanced area of the law, and the success of your claim may hinge on your lawyer’s ability to prove fault and demonstrate the extent of the damages you have suffered.
The lawyers at Stephens & Holman have fought for the rights of wrongful death victims for the past 40 years. We understand the importance of preparation in a wrongful death claim and have the skills and resources to thoroughly research the details of the accident to ensure that you receive fair compensation for your damages.
Please Stephens & Holman at 604-730-4120 today to schedule your free, no-obligation consultation. We have 24 offices conveniently located throughout British Columbia.
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