The death of a loved one is always difficult. A tragic loss becomes even more difficult when it is unexpected and caused by a preventable incident. Unfortunately, many families experience such a loss and the following is some general information about wrongful death claims.
Causes of Wrongful Death
The law generally defines a “wrongful death” as a death that happens due to the negligence or wrongful act of another party. That party can be another person, a company, or even a government entity depending on the circumstances. In order to bring a legal claim, however, you must identify the negligent or wrongful party and must be able to prove how their actions caused your loss. The evidence needed to prove a wrongful death claim will depend on the type of incident that caused your loved one’s death. Some of the common incidents that lead to wrongful death can include:- Car accidents
- Commercial truck accidents
- Bike accidents
- Slips, trips, and falls
- Falls from heights
- Dangerous or defective products
- Medical malpractice
- Dog bites or attacks
- Violent assaults
Who Can File a Claim?
Not just anyone who is close to someone who died can file a wrongful death claim. Under state law, only certain people are allowed to seek financial recovery and justice through this type of lawsuit, some of which may include the following:- Spouse or domestic partner of the deceased
- Children of the deceased
- If there is no spouse, domestic partner, or children, then others who would be in line to legally inherit the deceased’s property can file a claim, including parents or siblings
- Others who were financially dependent on the deceased, including stepchildren or parents
Recovering for Your Tragic Loss
Some family members file a wrongful death claim because they want a sense of justice by holding the party that caused the death legally accountable. However, in most cases, families also experience significant financial losses due to a sudden and unexpected death. A wrongful death claim allows you to seek many different types of damages depending on your specific situation and losses. Examples of damages commonly awarded in these cases include:- Costs of burial and funeral
- Medical expenses to treat their condition before they died
- The lost financial contributions of the deceased
- The lost household services of the deceased
- The lost love, moral support, affection, and guidance the family members would have received from the deceased