Guide For Family That Plans To File Wrongful Death Lawsuit
No amount of money can compensate a grieving family for the loss of a loved one. Still, the law makes it possible for those families that are reeling from a sudden and unexpected loss, one caused by someone else’s negligence, to obtain some level of monetary compensation. Such families have the right to fill a wrongful death lawsuit with the help of car accident lawyer in Kelowna.
Normally, the party that faces a wrongful death charge has performed a terrible act. Indeed, performance of that particular act helped to cause the death of the person that forced one particular family to enter a period of grieving.
Details regarding such a lawsuit
Grieving family has 2 years in which to file a suit against the responsible party, or against those that insure that same party. Suit can be filed jointly by these relatives of the deceased: spouse, children, grandchildren, parents, grandparents, siblings. A former wife or husband cannot join those that are filing a wrongful death charge. Similarly, step children cannot join in the filing of such a charge.
Factors that determine the size of the family’s compensating funds
One factor looks at the extent to which any family member has lost some form of financial support. The court must then assess the value of that person’s financial loss. There is no limit to the amount a claimant can request for this pecuniary loss.
Another factor reflects the costs associated with the job of visiting and caring for the injured man or woman, before he or she passed away. Someone that has sustained an injury during a violent event often struggles to survive. Those closest to that struggling survivor spend time at that same survivor’s bedside.
Sometimes, those that stay by the bedside have come from a distance. Consequently, any one of them could need to spend money on a place to live, while offering bedside care. In the event that the struggling patient dies, the costs of the food and lodging should get added to the amount of money awarded in the wrongful death charge.
Obviously, someone that has been injured in violent incident could struggle to survive for many weeks or months. Hence, families do not have to limit the amount of money requested, as reimbursement for travel and lodging expenses. On the other hand, limitations do affect the amount of money awarded as reimbursement for one further loss.
Finally, the court must decide the value of any lost care, companionship and guidance. When making that determination, the court considers the changes in any one person’s need for care, companionship and guidance over an extended period of time. The out of courts settlement or a trial in British Columbia will ensure that the claimants get the highest amount of compensation.