Losing someone in your family is always heartbreaking. While you are facing the loss of someone you love, you come to the realization that they will forever be part of your memory, but no longer part of your future. This is one of the hardest parts of life.
There is never a good time to die. When a person has lived a long life, or they face serious illness which we expect will lead to their death, we have a bit of time to get things in order.
When a person dies prematurely due to an accident or incident, we are caught off guard. Suddenly we are hit with the loss of their salary which we depended upon for our standard of living.
There are usually staggering medical bills, followed by the cost of a funeral and burial. Even if there is life insurance, the money to raise children, pay the mortgage, and to pay for college tuition is seldom covered. We simply do not expect to die when we are young, healthy, and have a good job.
The heirs of the person who was killed are entitled to compensation according to the justice system in the United States. In other words, even if the company or person did not intend to hurt anyone, if their action caused death, the courts expect them to do something to make the family whole.
In a perfect world, the company or guilty person would agree with the moral and ethical thing to do. But, we do not live in a perfect world. In the world we live in, we need legal warriors to fight for us.
We need people who are trained to fight the legal battle and get us the compensation we deserve. We are responsible for making sure the heirs (family) have the future the victim had designed and was working to provide.
This is a difficult battle to fight. Here is an example of what your wrongful death lawyer in Idaho will have to prove responsibility for the action that resulted in the death of your family member, and that the dollar amount that is fair and reasonable, including:
○ Current salary
○ Anticipated future salaries
○ Costs of medical bills, final expenses, and funeral costs
When a person is killed, you cannot claim pain and suffering. The courts assume that the victim took their pain and suffering with them.
However, they recognize that you will suffer from the loss of companionship that comes with the death of a spouse, parent or child.
Your attorney will conduct a full investigation regarding the death and circumstances. As difficult as that may be for you, it is important. Idaho is an “at fault” state.
This means the courts will look at the situation and decide if the victim played any part in the accident. If they decide the victim is partially responsible, they will reduce your claim.
Your attorney will seek to find out how the situation came about. Was it witnessed by anyone? Have there been injuries in the past? Did the company know of the danger and failed to address it?
If the courts are shown that the accident has happened before and that it should have and could have been addressed before someone died, they may award punitive damages as a punishment.
Proving liability is not easy. Speak to an attorney and let them advise you. It may be difficult for you, but you must think of your future and the comfort and health of your family.