If you have lost someone due to the
negligence of another party, a personal injury lawyer can help with your
wrongful death claim.
What is Wrongful Death?
Wrongful death is a legal term that
refers to a situation where a person is killed as a result of the negligent act
of another person. Wrongful death claims
involve all types of fatal accidents from simple car accidents to complicated
medical malpractice or product liability cases.
Persons, companies, and
governmental agencies can be legally at fault for acting negligently – failing
to act as a reasonable person would have acted and for acting intentionally.
To proceed with a wrongful death
claim, the surviving family members must be able to establish:
- the death was a result of the negligence or
recklessness of another party, or deliberate – that the individual did not die
due to actions of their own;
- the negligent party has caused measurable
damages, for example, the surviving spouse is now suffering from financial
hardship because the deceased was the primary breadwinner.
There are many reasons why a person
may be killed by a negligent party and a wrongful death lawsuit may be brought
against:
- a reckless driver;
- a manufacturer of a defective product or
medication;
- an individual who served alcohol to an
intoxicated driver.
The purpose of a wrongful death
claim is to hold the person accountable who was responsible for the death of a
loved one. If you have lost a family member or loved one, you may be entitled
to compensation for their untimely death.
Who Can Sue for
Wrongful Death?
A wrongful death claim can be filed
by a representative on behalf of the survivors who suffer damage from the
victim’s unintentional death. Most commonly, it should be a relative or
beneficiary of the deceased who can file a wrongful death lawsuit, such as:
- a spouse;
- parents;
- child/children of the deceased;
- sibling(s).
Damages that can be recovered by
the survivors’ in a wrongful death claim, include:
- loss of guidance care and companionship that the
deceased person would have provided to the surviving family members;
- loss of financial support the deceased would
have provided;
- loss of service the deceased would have provided
to family members, such as household and homemaking chores;
- expenses associated with the funeral and burial
of the deceased, as well as other out-of-pocket expenses.
Pain and suffering can also be
recovered in the case of wrongful death. Similar to most types of legal claims,
there is a time limit for which a person can file for wrongful death.
Help is Available
Family members of someone who has
suddenly passed away deal with more than just the emotional trauma. Wrongful
death cases are complex and an experienced lawyer is here to help you through
your situation.
Many families of a sudden,
unexpected death may not even know they have a claim. Help with
wrongful death is available now.