What's Wrongful Death?
Wrongful death identifies a fatality that happens due to the negligence, recklessness, or intentional actions of another party. This can include accidents caused by a drunk driver, medical malpractice, unsafe workplace conditions, or even a defective product. Wrongful death laws allow the surviving nearest and dearest to seek financial compensation for his or her loss, in addition to for pain and suffering.
Who Can File a Wrongful Death Claim?
The individuals eligible to file a wrongful death lawsuit typically include:
- Spouses: The surviving spouse may file a claim for the increased loss of companionship, financial support, and other damages.
- Children: Adult and minor children can seek compensation for the increased loss of their parent.
- Parents: In some instances, parents may file case if their minor child has died as a result of someone else's actions.
Types of Damages in a Wrongful Death Lawsuit
In wrongful death cases, damages can differ, nevertheless they typically include:
- Economic Damages: These cover funeral expenses, medical costs, and the increased loss of future earnings that the deceased could have contributed.
- Non-Economic Damages: Compensation for emotional pain, loss of companionship, and suffering due to the death.
- Punitive Damages: In cases when the defendant's actions were egregiously negligent or malicious, punitive damages may be awarded to punish the wrongdoer.
Conclusion
Working with a wrongful death is a painful and emotional experience. However, pursuing a wrongful death lawsuit provides some sense of justice and financial relief for the surviving family members. If you believe your loved one's death was due to negligence or another wrongful act, consulting with an attorney experienced in wrongful death cases can help guide you through the legal process.