A wrongful death claim – How can you qualify for one?

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Written By Charlotte Miller

Did you recently lose a family member or a loved one due to the misconduct and negligence of another person? If yes, you most likely can sue the person responsible for wrongful death. Wrongful death claims are usually filed against a defendant who has intentionally or purposely caused someone to die, through their wrong action or negligence. 

When the family of the deceased files such a lawsuit, he ought to receive financial compensation for the losses of the survivor. The most common losses related to wrongful death are lost wages, lost companionship, and funeral expenses. A wrongful death attorney can help walk you through the complications of the legal process and help answer any questions that you have. Let’s first check out the cases that qualify for a wrongful death claim. 

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Situations where wrongful death claims are applicable

  • The purposeful killing of a person

Whenever a person kills another person intentionally, it falls under the case of wrongful death. In case the defendant murders a person, the defendant can be charged with a criminal case. Not only that, the family members of the victim may even file civil lawsuits against the defendant. In that matter, the wrongful death case will represent a civil case, that is separate from a criminal case.

  • Automobile accidents

A person may die due to an automobile accident only to find out later that the person who was responsible for the accident had behaved recklessly while driving. This is a case where a wrongful death lawsuit may also be applicable. If the defendant was driving under the influence of alcohol, overspeeding, or not obeying the traffic rules, he can be charged with this claim. 

  • Medical malpractice

In case a doctor is unable to diagnose the illness that led to the death of a person, or if the doctor was negligent while providing care to the patient, and he dies due to his sheer carelessness, this too can be considered a medical malpractice case. The survivors of the deceased person may file a wrongful death claim from careless conduct not just against the medical care providers but also against the main practicing doctor.

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Damages caused due to Wrongful death

What are the damages that may be caused in case of a wrongful death claim? What are the categories of losses due to which a survivor might receive financial compensation? Here are a few:

  • The pain and suffering of the deceased person
  • Burial and funeral costs
  • The costs of treatment incurred by the deceased victim due to the injury before his death
  • Loss of anticipated income of the deceased person
  • Burial and funeral costs 
  • Value of services that the victim could have offered
  • Loss of inheritance due to the death of the person
  • Loss of companionship and love
  • Loss of guidance, care and nurturing that the deceased used to provide

Therefore, if you’re someone who can relate to the above-listed situations, you should check out the services of a wrongful death attorney. Seek the help of their legal assistance in order to guarantee favorable results. 

Categories Law