Losing a spouse in a bad car accident can be a devastating event in life, especially if the accident could have been prevented. After a loss like this occurs, you can seek compensation for your loss through a wrongful death lawsuit. As you go forward with your case, your personal injury lawyer will help you determine what types of damages to sue for. If your spouse was a stay-at-home parent, there are several things you should know when seeking compensation for your loss.
The Definition Of Pecuniary Injuries
During wrongful death lawsuits, the court measures the damages in terms of pecuniary injuries. This term refers to all kinds of losses experienced after a wrongful death, and the amount of damages a family asks for will depend on the individual case. In other words, every wrongful death lawsuit is different, and each must be calculated independently.
The purposes of pecuniary damages in any case is to compensate a person with cash for everything they will lose out on from the loss of their loved one. As you work with your attorney on this case, you may want to begin writing a list of all the things you will miss out on because you no longer have your spouse.
Types Of Damages Common In Personal Injury Cases
A wrongful death case falls into the category of personal injury law. While wrongful death cases are different from others, the types of damages awarded are similar. As you think about your losses, you might be able to ask for compensation for the following things:
In addition, you could ask for punitive damages if the accident was caused in a malicious way. For example, if the driver of the other car was drunk, you may be able to receive punitive damages. Punitive damages are designed to make the wrongdoer suffer for his or her actions.
One Difference When Victim Is A Stay-At-Home Parent
There is one other thing that victims of personal injury cases are commonly compensated for, which is loss of current and future wages. The problem with your loss is that your spouse was not employed. If he or she did not work, it is hard to ask the court for compensation to cover this.
Fortunately, the court recognizes the importance of the duties stay-at-home parents provide and are responsible for, and they are willing to allow compensation for these things. This can include compensating you for the following losses:
Other factors will also be used in calculating these damages, including the age of your spouse, his or her health state, and life expectancy. Placing a value on these things is not an easy task, but it must be done during a case like this in order for you to receive the compensation you are entitled to.
Working through a wrongful death lawsuit can be difficult, because of the nature of the case, but you do not have to settle it right away. As long as you make the claim before the statutes of limitations period expires, you will be fine. To learn more about compensation for wrongful death cases, talk to a personal injury lawyer today. You can also check out sites like http://www.dlplawyers.com for more information.
Share9 September 2015
It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.