Any family would be devastated by the unfortunate death of a loved one. The suffering is worse when the victim is an orphan who has already lost one or both parents. Consequences can be particularly heartbreaking when an orphan dies before their time due to neglect or malicious injury. We will discuss the effects of wrongful death on orphans and their families in this blog article. As well as, the legal avenues open to pursuing justice and restitution.
How to Define Wrongful Death?
A death that was brought on by the carelessness or deliberate behavior of another person or organization is referred to legally as a “wrongful death.” Several events, including car accidents, medical misconduct, industrial accidents, and criminal activities, can result in wrongful death. The victim’s surviving family members must be able to prove that the defendant was negligent or intentionally harmed to launch a wrongful death lawsuit.
Wrongful Death’s Sad Effect on Orphans
The effects of losing a parent to wrongful death can be severe and long-lasting for an orphan. Financial instability, emotional discomfort, and a loss of stability and security could all be experienced by the orphan. It is all in addition to the grief and trauma brought on by any unexpected loss. The loss of a parent can also affect a child’s schooling, social growth, and sense of self, depending on their age.
The untimely death of the second parent can be extremely painful for orphans who have already lost one parent. They might struggle to cope with the extra stress of losing the sole surviving connection to their family history and identity as well as a great sense of solitude and loss.
Legal Options for Seeking Reparations and Justice
In wrongful death situations, the surviving family members may be able to file a lawsuit against the at-fault party(ies) to seek redress and damages for their losses. The family may be able to bring a wrongful death claim or a survival action. Can also bring both depending on the specifics of the death.
Surviving family members of the victim can bring a wrongful death lawsuit as a civil action. The purpose of the lawsuit is to hold the defendant accountable for their negligent or intentional actions. As well as, to seek compensation for the family’s losses. In a wrongful death lawsuit, the family may be able to recover damages for medical expenses, and funeral costs. As well as, lost income and financial support, and emotional distress.
On the other hand, a survival action is a legal claim that can be made on behalf of the decedent’s estate. The goal of the survival lawsuit is to obtain compensation for any suffering or other losses the victim may have endured previous to their passing. For lost wages, emotional distress, and physical discomfort you can get damages in a survival case.
The family may also elect to press criminal proceedings against the person who committed the crime that resulted in the wrongful death. Criminal charges can result in punishments like prison time or fines. They do not offer the victim’s family any financial recompense.
Contact Attorney Today
The sad wrongful death of an orphan can have serious and enduring repercussions on the victim’s surviving family members. The family should look into their legal alternatives for pursuing justice and recompense. No amount of money can make up for the loss of a loved one. Taking legal action can help to hold the negligent parties accountable. Provide the family with the money if they need to start over. It’s crucial to seek the counsel of an experienced lawyer who can guide you through the legal procedure and defend your interests. Call us for a free consultation at 310.943.1171 or visit our website for other practices.