The law terms a death wrongful when an individual dies due to the negligence or intent of another person or organization. The family or dependents of the deceased can legally pursue financial compensation for the person’s death and the loss of their future income.
Wrongful Death and Personal Injury
Attorneys who litigate cases in personal injury matters may also offer representation in wrongful death matters. These lawyers might have represented the injured individual in their workers’ compensation or other personal injury case; they represent the individual’s family after the person’s death.
In cases where injuries eventually lead to death, two litigation cases prove common. The first involves obtaining coverage for medical care, rehabilitative services, lost wages, and other forms of compensation. The second round of litigation occurs when the individual dies and results in a wrongful death court case to obtain a death benefit for the loss of companionship, income, and care provided by that individual.
How Workers’ Comp Limits Benefits
The federal-state workers’ compensation program limits the amount a family can recoup upon the death of a loved one, even a wrongful death. Typically, the program pays a $10,000 death benefit to cover funeral expenses. Although the family of the deceased employee can sue the company for a death benefit above that amount, it can’t obtain a higher amount than that from the workers’ compensation program.
Benefits of Contacting an Attorney Early in the Injury Process
It may seem macabre to prepare for a wrongful death case before an individual dies, so don’t think of it that way. In the event of any personal injury, you should first seek medical treatment, then contact an attorney that specializes in personal injury and wrongful death. Doing so places you in the best position if the worst occurs and your loved one perishes.
Contacting an attorney with both specialties on the day of the injury provides the lawyer with ample time to prepare both cases. The attorney gets to know the patient and their family, which helps them build a wrongful death case that provides detailed information in the areas of lost companionship and loss of care.
Loss of Companionship
Typically, lost companionship refers to an injured individual’s spouse’s loss of them. The term applies to the loss of a person’s affection, love, sexual companionship, etc. It can also apply to a significant other who legally qualifies as the individual’s life partner.
Loss of Care
The term loss of care refers to the loss of the things a deceased individual did for their spouse or their minor children. This includes items like housecleaning, driving children to and from school or other activities, meal preparation, practicing sports with them, etc. When the deceased had an adult child needing their care, such as a special-needs child, the attorney can also argue loss of care for that adult child.
Choosing a Personal Injury Attorney
Hopefully, you never need a personal injury attorney, but if you do and the injured party sustained serious, life-threatening injuries, obtain the services of an attorney who specializes in both wrongful death and personal injury immediately. Choosing a lawyer like those at KlezmerMaudlin.com that offers both services puts you in the best place for a sad eventuality.