If someone dies as a result of other person’s deliberate or careless action, a wrongful death case will ensue. A wrongful death lawsuit will try to achieve compensation for the relatives of the deceased. Those might include lost wages, loss of companionship, medical and funeral costs, etc. This is the basic definition, which has various nuances and circumstances. Below we offer a short guide to wrongful death lawsuits.
When does a Wrongful Death Case Apply?
Now, you might wonder what kind of situations are relevant to a wrongful death claim. Here are most common circumstances when a wrongful death claim applies.
- Medical malpractices that triggered death.
- Car or airplane accidents.
- Criminal offense.
- Effect of hazardous substances to which the descendant was exposed during work.
- A supervised activity which nevertheless resulted in death.
Who Can Sue Whom?
Real parties in interest are people who have the right to a wrongful death claim. The first people who might come to mind when thinking about a wrongful death case are family members. And that’s right but not without exceptions. Different states have various laws that define who qualifies to be the real party in interest. For example, generally children have the right to sue for the death of their parents; however, some states allow only minor children to do so.
Here are some suing possibilities that vary across states. So, check with your state regulations in advance.
- If a person loses his/her, domestic partner, on whom was dependent financially.
- Distant family members. For instance, grandparents raising a child might qualify.
- People who suffered financially as a result of death, even if they weren’t related by blood.
- Parents of a deceased fetus. Some states only allow a parent to sue if a child died after birth.
There is lots of dispute regarding some cases. Usually, the more distant a familial relationship is the harder it is going to prove your right to sue. Other states have different takes on whether parents of adult children can sue. From the variety of possible situations, you can guess that one can sue not only individuals but also companies and governmental agencies
What counts as a Wrongful Death Damage?
To prove a wrongful death case, one should demonstrate the chain of events that the wrongdoer undertook that led to death. While trying to get compensation, the offended party should consider the following possible damages.
- The suffering that the deceased endured before his death.
- The usually expected income of the deceased.
- If any inheritance was lost as a result of death.
- Medical costs spent used prior o the death.
- Funeral costs.
- The absence of care that the deceased person was providing.
Wrongful death cases are a serious matter and the only thing ones affected by it would hope is a trouble-free resolution. But as you might imagine nobody would want to be accountable for someone’s death. Therefore, you might have a hard time proving your case. In such a distressing situation you will always need a professional and compassionate lawyer to guide through the process and help you achieve the compensation you need and deserve.