A wrongful death claim falls under the category of personal injury when someone loses their life due to another party’s intentional or unintentional acts. A wrongful death lawsuit is usually filed by an estate representative on behalf of the surviving family members of the deceased.
Let us take a look at how a wrongful death lawsuit works.
When Is a Wrongful Death Claim Applicable?
There are a variety of situations under which a wrongful death claim is applicable. These situations can be broadly classified under the following cases:
- When the victim is murdered or killed deliberately
- When the victim losses their life as a result of medical malpractice
- When the victim falls prey to avoidable car accidents
Wrongful deaths are a complex legal issue, so there can be several other situations in addition to these major ones that come under the umbrella term.
What Must Be Proven?
For the defendant to be held liable in a wrongful death claim, the victim must proof that had the defendant been more careful in their undertakings, the deceased would still be alive. It must also be proven that the defendant had the duty to care for the victim, and the defendant violated this duty, and such infringement caused the death of the victim.
Wrongful Death Damages
Damages are monetary or any other form of compensation that the defendant has to pay to the victim’s family. The damages may include:
- The deceased person’s pain and suffering that they felt during the events that led to their death.
- Medical costs of the injury prior to death
- Burial and funeral expenses
- Compensation for the victim’s income
- Compensation for any inheritance loss as a result of death.
- Compensation for the services that the victim would have made available
- Compensation for the loss of concern, assistance, and fostering that the victim would have made available
- Compensation for the loss of affection for and camaraderie
- Compensation for the loss of association
One of the ideal ways to get compensation for your personal injury lawsuit is to do a thorough research and look for a trained personal injury lawyer. Since most of us are not well versed with the intricate legal procedures in court, having a dependable representative on your side will most likely result in achieving the highest possible compensation amount for the claim. If you have any queries regarding the workings involved in personal injury claims, contact our team of seasoned lawyers at (330) 535-1555.