Available Damages for Lawsuits involving Wrongful Death The death of the primary earning member of your family will cause financial hardship along with emotional distresses. There are different categories of compensations available for the wrongful death of your loved-one due to the negligence of someone else or some establishment. The negligence or intentional act of a person or an establishment may have caused the untimely death of your loved-one. The civil action filed against the responsible party is called the case of a „wrongful death‟. The legal rules vary from one state to another and it is important to consult an Injury lawyer in Burlington. Usually, the family member or the personal representative of an estate can file for a lawsuit in the case of „wrongful death‟. The legal rules also specify the facts that are necessary at the time of making a claim in lawsuits related to wrongful death. Different Types of Damages The damages of „wrongful death‟ are generally divided into two main categories. You will be able to recover the damages that the deceased person endured from the time of accident until the time of death. The time of death may arrive hours, weeks, or months after the accident. The damages may include:
The physical and psychological pain and suffering of the deceased person The wages lost due to the untimely demise The funeral and burial expenses
You may have suffered financial losses for the death of your family member. As per the Injury lawyer in Burlington, that in this situation, you will be suitable for the second broad category of damages. In this category, the lost wages of the deceased family member will be calculated until the time of his/her retirement. You will be compensated for the entire amount. Some states also entertain an additional damage. In these states, the spouse or an immediate family member of a deceased person is allowed to claim for the „loss of consortium‟. This claim is especially entertained if the deceased person is survived by young children in need of parental guidance. You can contact the Injury lawyer in Burlington to understand the intricacies of the case.
Recipients of Damages
The court usually takes different factors into consideration at the time of determining the recipient of the damages. The surviving spouse of a deceased can claim for loss of companionship and emotional trauma. The young children (not adult children) of a deceased parent are usually awarded with comfort and support with the claim of „loss of consortium‟. The parents of a deceased minor child (not an adult child) may receive damages for emotional trauma and loss of relationship with the child.
In case of a â€œwrongful deathâ€&#x;, the defendant might have been engaged in a reckless or egregious act. In this situation, the court may also award the surviving family members with punitive damages. The punitive damages have been designed to deter similar unfortunate incidents in the future.
Will Injury lawyer in Scarborough Substantiate Wrongful Death in a Civil Lawsuit? The civil lawsuit brought against the person or the entity responsible for the untimely demise of your family member is known as „wrongful death‟. You will be able to seek damages from the responsible person or entity through this lawsuit. The legalities associated with this lawsuit may vary from one state to another. The common principles related to the nature of the claim and the court-proceedings have been mentioned below. Injury lawyer in Scarborough understand that it is a civil lawsuit for monetary compensations. It is different from the criminal lawsuit and that may result in criminal charges may result in fine or imprisonment. It does not award compensatory damages to the survivors of the deceased. The civil lawsuit is the only way for you to recover the damages. Suitable Candidates The close family member of the deceased may act as a „plaintiff‟ and bring the claim on behalf of all the other heirs. The court-appointed executor or personal representative of the estate may act as a plaintiff, if the deceased had a will. This Injury lawyer in Scarborough will represent all the other heirs. The lawsuit will claim that the negligence or intentional act of the defendant (allegedly responsible party) caused the untimely death of the victim. Facts required to be proven The plaintiff has to prove in the Court of Law that the act of the defendant caused the death of the victim. The following elements are usually required to be proven. Duty of Care: The defendant is legally responsible to show the Duty of Care to the victim. The plaintiff has to prove that the defendant decided not to perform this duty. Breach of Duty of Care: The plaintiff has to prove that the defendant intentionally breached the Duty of Care that caused the accident. Causation: It is not sufficient to claim the Breach of Duty of Care. The plaintiff has to prove that this breach resulted into an accident that claimed the life of the victim. Burden of Proof: The description of Burden of Proof varies from one state to another. The plaintiff is usually required to prove the elements of negligence through „preponderance of the evidence‟. The Burden of Proof in a Civil Case is significantly lower than that of a criminal case. In a civil case, the jury is instructed to determine if it is „more likely than not‟ that the act of the defendant caused the death of the victim. The Burden of Proof measures the quality of evidences and the credibility of witnesses rather than the quantity. The failure to meet this burden will result in zero compensation for the plaintiff and only Injury lawyer in Scarborough can help. Most lawsuits involving „wrongful death‟ are resolved through pre-trial settlements. In case of court proceedings, the jury or the judge will decide if the plaintiff has met the Burden of Proof sufficiently. The rules determining jury deliberations may vary from state to state and the unanimous verdict of the jury may not be required in many states. Call in Injury lawyer in Scarborough today to know more.
Responsibilities of Landlords in Slip and Fall Injury Cases You may have been thinking about holding your personal injury lawyer in Aurora legally responsible after experiencing a slip and fall injury on his premise. The location of the accident and the reason behind it will determine if your landlord is to be held accountable or not. The Importance of Negligence in Slip and Fall Injuries Your personal injury lawyer in Aurora cannot hold your landlord responsible for your injuries in the absence of any negligence. The landlord may not have any prior knowledge about the slippery surface or the unsafe condition of the property. You will not be able to bring the claim of negligence against your landlord in a situation like this. A few hypothetical situations may help you understand the suitable conditions for negligent claims. Injuries inside the Premise You may have slipped on the puddle of water caused by the leaking pipe present in the ceiling. If the landlord knew or should have known about this leakage, you can bring the claim of negligence against him, with the help of injury lawyer in Aurora. You are also required to notify your landlord immediately about any recent leakage. In the absence of proper notification, you will not to be able to hold him responsible for your injuries. The inappropriate location of the pipe is the only thing that may help you in this situation. If your landlord was not careful about fixing the damage in spite of timely notification, you can hold him responsible for your injuries. In slip and fall injuries, it is hard to convince a jury that the accident was caused by the negligence of the landlord and not by your poor perception. Injuries outside the Premise You may have slipped on the snow present on the sidewalk attached to the property. The suitability of your claim will depend upon the leasing agreement. If you are required to shovel the snow out of the sidewalk, you will not be able to hold your landlord responsible for the injuries. If the landlord is in charge of shoveling, you can hold him responsible for your injuries. You may also bring the claim of negligence against your landlord in case of defective stairs outside the property. The stairs might have been in proper condition. The presence of a slippery foreign substance might have caused your injuries. In this case, you will not be able to bring a negligent claim against your landlord, with the help of injury lawyer in Aurora. Establishing Liabilities of Your Landlord In slip and fall injury cases, you are required to maintain appropriate evidences. The photographic evidences that may help your case are the image of the location of the accident immediately after the incident and the picture of your clothes and bruises. These images will help you prove the veracity of your claim. As per the personal injury lawyer in Aurora, it is mandatory to document all the necessary facts immediately after the accident through imagery or video recording.
How Much Is The Value Of Your Personal Injury Case As Per Personal Injury Lawyer Scarborough? The physical, psychological, and financial damages you have suffered in an accident will help you determine the appropriate value of your case. It will also help you determine if the conduct of the defendant will be punishable. If you are the victim, then the person or the establishment, found legally accountable for your injuries, will pay for your damages. The settlement negotiations (with insurance adjusters or defendant‟s personal injury lawyer in Scarborough) or the verdict of a lawsuit will determine the amount of your compensation. Common Damages of Personal Injury Cases Compensatory damages are compensating the plaintiff (victim) for the losses suffered during the accident. Some damages, such as reimbursement of medical expenses or damaged property, are easy to calculate. The damages that include pain and suffering or lasting physical or emotional debilitations are hard to calculate. The types of compensatory damages in an injury case are usually handled by personal injury lawyer in Scarborough. Medical Expenses: You will receive the complete repayment for your medical treatment and the estimated cost of your future medical care. But your personal injury lawyer in Scarborough will need to assist you. Loss of Income: The injuries received during the accident may have impacted your salary. You will receive compensations for the loss of your present salary and the estimated salaries of your future. Loss of Property: You will receive reimbursement for the damaged vehicle or other possessions of yours as per the fair market price. Pain and Suffering: You are entitled to receive compensations for your physiological discomforts and losses. In some states, the emotional distresses are also included within this category. Emotional Trauma: You will receive compensations for the psychological traumas that may include anxiety, panic attacks, or insomnia. Loss of Enjoyment: The severity of your injuries may prevent you from participating into your favorite recreational activities. You will be suitable for “loss of enjoyment” damages in a situation like this. Loss of Consortium: The accident of yours may impact the relationship between you and your spouse. You will be entitled for the „loss of consortium‟ damages in a situation like this. In some cases, the affected family members receive the compensations instead of the plaintiff. Punitive Damages: If the defendant acted recklessly or egregiously, then you will be awarded with punitive damages. These damages have been designed to punish the defendant for his/her act. Sometimes, a „cap‟ is placed on the rewarding amount of the punitive damage.
Conduct of Plaintiff: The amount of your compensation will diminish, if you were partially responsible for the accident. The state may stick to the „comparative negligence‟ standard and you may end up receiving negligible compensatory amount. If the state follows the concept of „contributory negligence‟, you will end up receiving no compensation at all. Improper medical treatment may aggravate the severity of your injuries. In this case, the „failure to mitigate damages‟ will lessen the amount of your compensation significantly. However, it is best to hire the services of the personal injury lawyer in Scarborough.