When someone dies due to the negligence of another party, the surviving family members may have cause to recover compensation for the loss of their loved ones, which they can obtain using the help of a wrongful death attorney in Olympia, WA. The type of compensation they receive will depend on what occurred before and after the decedent’s passing and is typically grouped into two categories.
Damages Sustained Prior to Death
The deceased person’s estate can typically sue the liable party for damages the victim sustained in the time period between when the negligent act occurred and the day of person’s death. For instance, if a surgeon accidentally leaves a medical instrument in the person’s body which led to the person’s death months later, the estate can sue for any medical bills, pain and suffering, lost wages, funeral expenses, and other damages incurred by the person up to the moment of death.
Typically, this money would be awarded to the person’s estate and distributed according to the individual’s will or in accordance with estate laws.
Damages Sustained After Death
The family members can collect money for the losses they sustained as a result of their loved ones’ death. There are a few things that will factor into the amount of money awarded by the court including how much money the person would have generated had he or she lived to retirement age, the value of the loss of consortium for the spouse and other immediate family members, and the value of loss of the guidance the person would have provided to children.
Calculation of the award in this situation is not an exact science and will usually depend on testimony from career specialists, surviving family members, and other experts. Any money awarded will go directly to the family members named in the lawsuit.
Although it can be difficult to think about suing the liable party while in the midst of mourning the passing of a loved one, the statute of limitations for filing a wrongful death lawsuit is 3 years from the date of the person’s passing. Therefore, it’s important to contact a wrongful death attorney in Olympia, WA such as Putnam Lieb Potvin Attorneys at Lawas soon as possible to avoid losing the opportunity to sue forever.