The death of a loved one is a tragic and life-altering event. The tragedy is even greater when someone else’s reckless behavior causes your loved one’s death. When that happens, it is known as wrongful death, and you can appeal for wrongful death claims. In these cases, families are left with more than grief.
Often, they also struggle mentally and emotionally. On top of all that, many families who lose a loved one tragically also suffer financially.
This article dives into the wrongful death and the legalities tied to it. Read on to find out more!
But First, What is Wrongful Death?
Wrongful death is legally defined as the death of one person due to the carelessness or recklessness of someone else. A wrongful death may result from situations like:
- A drunk driver strikes your loved one’s vehicle and kills him or her.
- A driver speeding hits your loved one as he walks or bicycles near the road.
- A surgeon makes a mistake while operating, and the patient dies.
- A doctor fails to diagnose a complication of pregnancy, and as a result, the mother or child dies.
These are just a few examples of situations that could be classified as wrongful death. There are many other possible situations, including criminal acts and defective products.
How Do We Know if Wrongful Death Claims Are Applicable?
In a wrongful death, like a personal injury case, the defendant solely expresses their liability in financial compensation or “damages” as per the law. The court order requires the defendant to pay the deceased person’s estate.
This differs from a criminal homicide case where, if convicted, they can serve time in prison. Other penalties include probation, state fines, and others.
Wrongful death claims also differ from criminal prosecution as the state or federal government must prove that the accused is guilty beyond a reasonable doubt. Something all of us may have heard in legal serials and movies.
The attorney must display that the defendant is liable for the death. There are also exceptions where the defendant may face criminal charges while being sued for wrongful death claims.
What Damages Can Be Recovered in Wrongful Death Claims?
If you have talked to a personal injury attorney and your case is, in fact, a wrongful death case, then you may be able to file a wrongful death claim, or lawsuit, against the person(s) responsible for your loved one’s death. A wrongful death claim helps hold the responsible party accountable and offers financial compensation to the victim’s family.
In a wrongful death claim, the surviving family can pursue compensation for damages, for the following:
1. Economic Damages:
Economic damages are damages easily quantified, such as:
- Medical expenses
- Funeral or burial costs
- Loss of income in the household
- Loss of inheritance
2. Non-Economic Damages:
Non-economic damages are damages that are not so easily quantified but equally relevant to the case. Examples of non-economic damages include:
- Pain and suffering of the victim before his or her death
- Mental anguish experienced by surviving family members
- Loss of care and support
- Loss of love and comfort
3. Punitive Damages:
If your loved one’s death was the result of extreme negligence or malice, you may be able to pursue punitive damages. These damages are designed to punish the person responsible for your loved one’s death, as well as deter others from doing similar behaviors.
Who is Eligible for Damages in Wrongful Death Claims?
In wrongful death claims, certain surviving family members can pursue damages. Most often, this includes:
- Spouse
- Children
- Parents
There are cases, however, where other surviving family members or estate executors can file a claim. Ultimately, who can file a claim will depend on the circumstances of the case and applicable state laws.
Requirements to Win Wrongful Death Claims
A key aspect of wrongful death claims is your ability to prove that the wrongdoings of the defendant led to the death. In several instances, proving the defendant’s liability resembles any other personal injury case.
You must gather evidence – eyewitnesses, photographs, footage from nearby areas, etc. You should also have the evidence to prove the defendant’s negligence caused the accident.
If you cannot do it alone, hire professionals who can help you with this. For instance, personal investigator, injury lawyer, and wrongful death claims lawyer.
How to Learn More About Wrongful Death Claims?
As you can see, there are many aspects to wrongful death claims. These claims are designed to help victims’ families maintain stability and obtain compensation for their losses.
Because the rules for wrongful death claims vary by state, it is crucial to work with a wrongful death attorney when considering this type of legal action.
And it’s a Wrap!
This was all about the wrongful death claim and how you can receive justice for the loved one you lost. It is one of the most difficult things to cope with and if you or someone you know has gone through this, professional help is advisable.
Contact medical professionals who can help you or those affected process the grief. Places such as Heal Grief Organization can connect you with grief counselors who can help you cope better. Visit their site.
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