Part Two of Navigating Camp Lejeune Wrongful Death Lawsuits
Understanding eligibility, damages calculation, and legal guidance
Wednesday, February 14, 2024 - The following is not intended to be legal advice and one should seek guidance from a Camp Lejeune water attorney. The death of a head of household or breadwinner can cause a severe financial burden on the survivors which often necessitates making dramatic lifestyle changes. Children may not be able to afford the college they once thought was part of their future and may have to settle on a career other than the one they wanted. Spouses may be forced to have had to go back to work leaving their children with daycare instead of the love and guidance of a parent. These expenses can place a significant financial burden on the surviving family members and should be included in the damages calculation. Survivors may lose access to certain benefits or insurance coverage previously provided by the deceased, such as health insurance, pension benefits, or retirement savings. Attorneys quantify the value of these lost benefits when calculating economic damages. Non-economic damages encompass the intangible losses suffered by the survivors, such as emotional distress, pain and suffering, and loss of companionship. While more challenging to quantify, these damages are equally significant in wrongful death cases. Attorneys consider various factors when assessing non-economic damages.
A frequently overlooked type of damage the survivor may suffer as a result of the death of a loved one is the loss of consortium. Surviving spouses or partners may experience a loss of companionship, love, and emotional support due to the death of their loved one. Attorneys seek compensation for this loss, recognizing the profound impact it can have on the survivor's quality of life. The emotional trauma resulting from the wrongful death can cause significant psychological suffering for the surviving family members. Attorneys work with mental health professionals to document and quantify the emotional distress experienced by the survivors. In cases other than those under the Camp Lejeune Justice Act involving egregious negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. However, punitive damages are not available in all wrongful death cases brought under the CLJA regardless of the clear evidence of reckless and negligent conduct.
Navigating the complexities of a Camp Lejeune wrongful death lawsuit demands a comprehensive understanding of both legal parameters that govern this unique situation and case-specific circumstances. Camp Lejeune Justice Act attorneys specializing in personal injury and wrongful death cases play a crucial role in guiding families through the legal process and advocating for their rights. Wrongful death lawsuits can be emotionally and legally challenging, and having an experienced attorney can provide invaluable support and ensure that the family's rights are protected throughout the proceedings. Attorneys stress the need for thorough investigation and documentation to establish liability in wrongful death cases. Compelling evidence of negligence or wrongful conduct is essential for a successful claim. This often involves gathering witness testimonies, conducting comprehensive investigations, and obtaining relevant documentation. Navigating a wrongful death lawsuit involves understanding the eligibility criteria for bringing forth a claim, calculating the monetary damages suffered by the survivors, and securing experienced legal representation to guide the process. By recognizing the legal complexities and seeking the assistance of knowledgeable attorneys, families can pursue justice and compensation for their losses in the aftermath of a wrongful death.
OnderLaw, LLC and The Overholt Law Firm, PC -