You may have recently lost a loved one. They might have been involved in an accident that you were affected by as well, which means you will have your own medical bills. Medical bills can be very high after a car accident.
You might also have medical bills from an unrelated issue. Either way, you will want to get compensation to cover these costs. One way to do this is by filing a wrongful death lawsuit.
Getting Compensation Through a Wrongful Death Lawsuit
It’s unfair when your loved one dies because of someone else’s recklessness. The death of a loved one comes with repercussions that can leave you and other surviving family members devastated. When you experience a wrongful death and believe you should receive compensation, the first step you need to take is to speak to a lawyer. They can follow similar processes as they would to help you get more money from a personal injury lawsuit.
Wattel & York recommend that you don’t accept any settlement from the other party until you receive an estimate of how much your compensation is worth. There is no cap on how much you can receive for your wrongful death claim in Phoenix, Arizona. This protects you and other surviving family members from being taken advantage of in the claim process. Below is additional information on what you can receive for your wrongful death claim.
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Who Is Eligible to File A Wrongful Death Claim?
Before you initiate your claim, you should find out if you are an eligible family member. You must be the deceased individual’s surviving spouse, child, or parent. In other circumstances when these individuals aren’t there to claim on behalf of the deceased, then other family members may be applicable, such as the grandparents or siblings. However, you can consult with an attorney first to determine if you are eligible.
What Types of Economic Damages Can I Claim?
Every wrongful death claim is unique. In most cases, you can cite losses due to the victim’s death in your compensation claim. This covers economic and non-economic damages. For example, you can claim medical expenses from the time of the incident up until death as wrongful death compensation.
Loss of Benefits
You can recover any loss of benefits resulting from your loved one’s passing in the settlement or lawsuit. This includes any benefits their heirs would have received had they not passed away. Other benefits, such as insurance policy coverage, may also be included.
Funeral and Burial Expenses
Funerals are expensive, with the cost of a coffin ranging in the thousands. When you and the remaining family members are burdened with funeral and burial expenses, these all count as damages you can recover. You can include the embalming, service, flowers, urn, cremation, coffin, burial, cost of the lot, and other expenses in the settlement.
Financial Support for Dependents
The amount of money that your family member would have made throughout their life can also be included in the settlement. This is because lost earnings are considered damages, especially if they had dependents who relied on them. The number of dependents, their age, and the amount they need to continue living comfortably will also be considered. A wrongful death attorney can help accurately estimate this.
Household Services Provided
Your loved one may have been involved in multiple household services. For example, they may have babysat, helped with laundry, or cooked dinner. Without their help, you may be straddled with too many chores on your own. It may be necessary to hire someone to help you. These costs can also be included in your settlement.
Non-Economic Damages
Non-economic damages depend on emotional and relationship losses. With the help of an attorney, you can estimate how much you can receive in compensation for non-economic damages. For example, pain and suffering estimates can be included in your claim. An attorney can work with an insurance adjuster to estimate how much pain and suffering damages are worth. Other non-economic damages you can include in your settlement are:
- Loss Of Consortium
- Loss of Affection
- Loss Of Moral Support
- Loss Of Guidance
- Loss Of Companionship
- Loss Of Protection
How Long Do I Have To File A Claim?
In most cases, you only have two years from the date of your family member’s passing before the statute of limitations expires. Even if your family member passed away five months after the accident, this amount of time isn’t included in the statute of limitations. You and other family members shouldn’t delay filing a wrongful death claim.
It is also recommended that you write down the pain and suffering your family member endured so that you can report it to a wrongful death attorney. You should receive compensation for the suffering of your loved one and any remaining family members. Obtain fair representation with the help of your attorney, who can support you through this difficult time. Contact Wattel & York Attorneys At Law to discuss your options.