After a loved one dies, we often think about what he or she could have enjoyed, if allowed to spend a few more days, months or years on this earth. Those are speculations. Still, the law does recognize the fact that family members have a right to have certain expectations. Yet it does not acknowledge the expectations of every family member.
Which relatives can file a claim for a wrongful death, after a loved one has been killed?
• A spouse can file such a claim.
• Children can seek compensation for death of one or both parents.
• Whenever a child, teen or young adult has died, the deceased’s grandparents can file a claim.
• After an elderly person has died, both the children and the grandchildren can seek compensation.
• Regardless of the age of the person that has passed, the brothers and sisters of the deceased can plan on filing a claim.
Any of those that try claiming compensation should know what damages can be compensated. Each of them should also understand how such compensation can be provided to them. Having a personal injury lawyer in Trenton can help.
After a wrongful death, what damages can be recovered?
The damages fall into two distinct categories. Both categories recognize the existence of an accident. The first category includes all the damages experienced by the deceased from the time of the accident until his or her death. Four different sources of damage belong on the list of damages in that first category.
At the time of the accident that person that suffered a fatal injury was a victim. That victim received medical attention and thus got charged for medical expenses. The same victim endured a good deal of pain and suffering; that represents the nature of the second source of damage. The victim’s lost wages are the third source of damage in that first category.
Eventually, the victim, having suffered a fatal injury, died. Naturally, the body of the deceased had to be buried. The family of the deceased held a funeral. As a result, the burial and funeral expenses get added to all the other damages that have been placed in the first category.
The second category of damages includes all those experienced by the spouse and the next of kin, following the passing of their loved one. Had the deceased lived, he or she would have earned a certain amount of money, until the time of his or her retirement. Those lost wages can be claimed by the family of the deceased.
In some states, the family members can claim loss of consortium. That is the term used for the lost love and companionship. A claim for loss of consortium has its strongest application when a child loses a parent.