Wrongful death is a civil claim against a person who is responsible for someone’s death, maybe as negligence or an intentional act.
A lawsuit for wrongful death can be brought by someone related to the deceased. Every state has a different set(s) of wrongful death statutes, which helps in bringing a claim against wrongful death into action.
Below are a few answers to frequently asked questions in the context of wrongful death claims.
Did you get injured at work?
Wrongful death claim is brought when a person dies due to someone’s carelessness or an intentional act. This allows people close to the deceased or an estate to file a lawsuit against the party responsible for the death. The wrongful death law varies among the states, but these kinds of lawsuits are usually filed by someone who represents the deceased person, mostly on behalf of the family members who are affected by the death.
When is the claim applied?
A claim for wrongful death arises in situations under which a victim who might have claimed for personal injury died due to the defendant’s wrong action. This happens in various situations as mentioned below:
When a person is killed purposefully?
When a death occurs due to medical negligence, maybe due to wrong diagnosis, or poor quality of care was provided and the patient dies as a consequence; action for wrongful death can be taken against the doctor or the medical staff.
Death in car accidents due to negligence. When a person dies of car injuries, such a claim for wrongful death, is applicable.
What must get proven?
To hold the other party responsible for someone's wrongful death claim, the basic proof that is required had the victim been alive. For instance, with proof that the defendant was obliged to provide care for the victim, but there was negligence at duty, that directly causes the death which results in damages that the complainant is trying to recover.
Who can file a claim for wrongful death?
The lawsuit is usually filed by a representative of the estate of the deceased victim, on behalf of relatives close to the victim.
A spouse can bring the claim on behalf of his or her deceased. In the case of minors, parents can take up a wrongful death action, and if there is the demise of a parent, the minors are eligible to get compensation.
Generally, more distant the familial relationship is, it is difficult to get legal solutions through the filing of wrongful death claims.
Some states also allow a romantic partner of the deceased to bring forth the claim (in other words, marriage isn't mandatory) if the person was financially dependent on the deceased.
What are the damages in wrongful death?
Damages in the category of wrongful death lawsuit based on which a survivor can receive compensations are:
1. Pre-death trauma of the deceased.
2. Cost of medical treatment incurred by the victims due to the injury before death.
3. Burial and funeral costs.
4. Loss of inheritance (if any) due to death.
5. Loss of income of the deceased.
6. Services which the deceased could have offered.
7. Loss of love and companionship.
8. Loss of association.
Is there any limitation in bringing forth a wrongful death claim?
Yes, there are time limits in bringing up this lawsuit. Failing to file a lawsuit by the party within the time frame allowed by law, the right to claim will be lost. Several other factors come into play.
The right and timely action can be taken by a wrongful death lawyer. If you are looking for answers to your queries, consult an experienced lawyer today. Time is precious, every minute wasted matters.