What is a Wrongful Death Claim?

What is a wrongful death claim? The unexpected death of a loved one can be difficult to process, whatever the circumstances.

What is a wrongful death claim?

The unexpected death of a loved one can be difficult to process, whatever the circumstances. However, if someone has died as a result of the fault of another individual or entity’s negligence or misconduct, it can be devastating, frustrating, and infuriating. Although there is little you can do to ease the loss of a loved one and the grief that comes with it, financial support can at least help ease the burden and any worry about the future. A wrongful death attorney can guide you through this difficult chapter, and they possess the expertise necessary to help you to help you seek justice and obtain rightful compensation for your loss.

A wrongful death claim can apply to all types of fatal accidents, from a car accident to a manufacturing defect, criminal activity, or medical maltreatment. A wrongful death lawsuit should claim compensation for the loss of a loved one, the deceased’s wages as well as funeral costs. If you have lost a loved one in an accident and want to find out more information about what to do next, it might be worth contacting a wrongful death lawyer.

Who can file for a wrongful death claim?

Depending on the state, a wrongful death claim must be filed on behalf of the eligible individuals who save suffered from the death of a loved one, such as, immediate family members, life partners, punitive spouses and financial dependants or distant family members (such as siblings and grandparents). These ‘eligible survivors’ differ by each state so it’s worth researching who can claim depending on where you live.

What needs to be proved in a wrongful death case?

In order for a wrongful death case to be in with a good chance of winning compensation, it needs to have the following. Duty of care – if the defendant was in a position of knowledge or power where they should have acted responsibly, for example, a doctor prescribing correct treatment or medication or a driver showing the duty of care to other passengers or pedestrians. Once it has been established that the defendant should have taken duty of care toward the deceased, then a violation or breach of duty of care must be proven. The prosecutor must then prove the breach of care caused the passing of the deceased.

What can be claimed?

It’s possible to recover both economic and non-economic damages for eligible survivors. Economic damages include funeral expenses, medical costs, loss of income and support, loss of household and inheritance. The jury will consider many factors to determine the estimated loss of earnings. They will consider earnings at the time of death as well as potential future earnings. Non-economic damages, such as suffering, grieving and loss may also be recovered, again these can vary from state to state.

Getting the support you need at this difficult time

Losing a loved one can be an incredibly stressful and emotional time, especially if it was through an accident, negligence of another, or intentional act. If you opt to contact a lawyer, you should receive the relevant information you want that enables you to understand the situation more thoroughly.

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