Losing a loved one to death can be a sad and tragic thing to happen to the entire family. When the death is a wrongful one, there is a necessity to go for legal recourse so that the survivors can go forward in their lives. There are so many challenges that family members face after they lose a loved one to wrongful death and a look at them is given below.
The Long Fight
If you are planning to fight a wrongful death claim in Miami, because a family member died wrongfully, then be prepared for the long haul. It is certainly not an easy thing to go for considering there is so much real sadness and grief surrounding a death. With a Miami wrongful death lawyer, it is possible to start a fight for compensation but you have to keep in mind that it will be a long one. It will not only take up time but also need your mental energies as well.
The Right to Compensation
It is so crucial to note that not everyone has the right to compensation in a wrongful death case. Other than the spouse of the deceased person, children, the parents, and siblings do have the right to compensation.
Dependents of the Deceased
Other than the people stated above, some family members may try to prove that they were dependent on the deceased and that is why they need a share of the settlement money. While such people do have legal rights to the compensation amount, the amount of settlement money they will receive depends on the damages they suffered due to the deceased’s death.
For this, it can be safe to say that the spouse and the kids of the deceased person have the highest claim and other family members much less so.
Proving Dependency
Being dependent on the deceased can mean being financially dependent on him. It may also go to mean living with him till his wrongful death or receiving financial help from the deceased. If you are such a person yourself and believe that you should get a share of the settlement money, you may find other family members refusing to give it to you.
That means that they want to prove that you are not entitled to any part of the compensation. It is thus up to your attorney to make sure you present a good case.
Non-Monetary Damages
Sometimes, it is not just about monetary losses that one may have faced because of a person’s wrongful death. It is also about non-monetary damages. That is where an attorney comes in to prove things like the future earnings of the deceased which the family members lost out on. There is also sorrow and mental anguish in having to deal with the wrongful death of a beloved family member.
As you can see, the challenges are many and the legal nuances are all the more so when there is a wrongful death claim brewing. With the help of an attorney who understands all there is to about such cases it is possible for you to start a claim.
