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When forced to deal with the sudden death of a loved one, a grieving family often feels compelled to take some sort of action. If the death resulted from natural causes, no action can be taken. On the other hand, if someone could be held responsible for what has happened, the family can initiate a wrongful death action.The action must be filed by the loved ones of the deceased. The file gets submitted to the court. It seeks monetary compensation from the person that committed the negligent act, an act that managed to end someone else’s life.
The action addresses the family’s financial hardships, which the court refers to as losses
The pecuniary losses: Those are the financial contributions that the deceased would have received, if he or she had not been killed by a negligent individual. The value of a pecuniary loss is a function of both inflation and the deceased’s projected earnings.
Compensation for loss of guidance, care and compassion: The passing of a loved one results in the disappearance of a strong bond. In addition it puts an end to the shared observation of milestones and celebrations, along with the shared enjoyment of experiences. The value of such compensation depends on the relationship of the claimant to the deceased and the living arrangements of that same claimant at the time of the accident.
Reimbursement for money that was spent, with the intention of providing a benefit to the person that is now deceased: That would include money for travel expenses. If the deceased suffered a terrible injury, family members may have traveled great distances, in order to sit at the injured person’s bedside.
It would also include money that should cover the time that the claimant spent visiting the now deceased loved one. The court would seek to determine what services had been provided during such a visit.
Rules that relate to a wrongful death action
An action has been taken when a lawsuit has been filed and the necessary documents have been presented to the legal authorities. A family can seek the help of a Personal Injury Lawyer in Orillia, in order to make certain that both of those steps get carried out properly.
Once the family has been awarded a financial settlement, the money awarded to the family by that settlement should not go to creditors. That money belongs in the hands of family members. The court specifies which family members deserve to get a portion of the money that has been awarded to the loved ones of the deceased. The court normally grants the bulk of the funds to the spouse. It could agree to give a portion of those funds to children, grandchildren, parents, grandparents and siblings.