Punitive Damages in a Wrongful Death Case

It is devastating to lose a loved one due to the carelessness of others. You should not have to suffer because another person acted in disregard for the safety of others. If a loved one has been a victim of wrongful death, you may be able to receive compensation.

The law seeks to protect you from individuals and organizations whose actions or inactions are dangers to you and other people. These individuals or organizations owe you a duty to act in a way or manner that will not put you at risk.

When a person dies or is killed due to the misconduct or negligence of another person, the surviving family members of that person can sue for wrongful death. A wrongful death claim can be filed if a victim is killed as a result of the other party’s wrongful actions. 

If a loved one has unfortunately been a victim of these circumstances, you should speak to a wrongful death attorney. This is because it can be a bit difficult to handle court proceedings while still in grief and insurance companies might want to capitalize on that.

At Oshan and associates, our wrongful death attorneys will handle all the necessary filings and combat insurance companies while you focus on healing as much as you can. We have years of experience and skill we are ready to use on your behalf. We have helped many recover compensations and get on with their lives.

If your loved one has died due to the actions or inactions of others, contact us today for a free no obligation consultation today.

How to Prove Negligence

In order to hold a person liable in a wrongful death claim, you have to prove negligence. To prove negligence, the following need to be in place. 

•  Duty of care: that the defendant owed a duty of care to the deceased. A duty of care is an obligation to avoid injuring someone or placing them on the path of danger.
• Breach of duty: that the defendant breached this duty care. A breach of duty is when the person does not live up to the duty owed, the law classifies this as negligent or careless.
• Causation: that the defendant’s breach of duty caused the death of the deceased. If it is not proven that the death was caused directly by the breach of the defendant’s duty, we have no causation. 
• Damages: that the death caused the damages, the plaintiff is trying to recover. Damages refer to the physical, emotional injuries, property damage and lost income someone suffers as a result of an accident. 

After the above factors are proven, the next step is recovering damages.

Getting Compensation

In a wrongful death lawsuit, you can receive compensation for pecuniary loss and punitive damages. Pecuniary loss is financial loss in regards to medical and funeral expenses, a damage award usually includes interest that starts from the date the deceased died. Most courts provide that the damages awarded for a wrongful death should be just and fair compensation for the pecuniary loss that arose from the victim’s death.

Punitive damages are awarded in cases of serious or malicious wrongdoings to punish the offender and discourage others from behaving in the same way. 

The categories of losses in which a survivor might be able to receive compensation for include:

• The deceased person’s pre death pain and suffering (this is often called a survival claim)
• The medical expenses incurred as a result of the injury prior to death
• Funeral and burial costs
• Los of the deceased’s expected income
• Los of any inheritance as a result of the death
• Loss of love and companionship.

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