The death of a loved one is a devastating event in any situation, but when that death is caused by the negligence of another party, you may also experience confusion, bitterness and an inability to find closure. Additionally, if you or your children depended on the deceased for monetary and emotional support, you may be entitled to compensation for those losses.
A wrongful death claim happens when a death occurs due to another person’s (or business’s or organization’s) negligence. Wrongful death claims might include car accidents, medical malpractice and product liability cases. In a wrongful death claim, the courts will determine if a person, business or entity can be legally found at fault for acting negligently. Negligence is defined as a failure to act as a reasonable would have. Wrongful death cases can also be brought if the other party acted with intention.
Wrongful Death Victims
Not just anyone can bring a wrongful death claim after a loved one dies. The claimant must be a survivor (or survivors) who suffered from the loss of the deceased. A “loss” may be financial support or emotional distress. These survivors may include:
Familiy members: Immediate family members, including siblings, spouses and children, can make a claim for financial recovery under all states’ laws.
Spouses and other partners: Spouses and domestic partners have a right to claim compensation for wrongful death.
Financial dependents: If the death resulted in financial loss for a dependent, that dependent can recover damages. A financial dependent doesn’t necessarily need to be related to the deceased.
The death of a loved one is a trying time. Using the help of an experienced personal injury attorney that has expertise in the field of wrongful death. While no lawsuit can bring back a loved one or ease the pain brought by his or her death, recovering damages from a negligent party can help you get closure and move on with your life.