When Things Go Terribly Wrong: An Overview of Wrongful Death Claims

wrongful death claimIt’s truly difficult to cope with the loss of a loved one. What’s even frustrating is when the death stemmed from the negligence or wrongdoing of another person. When this is the case, hire a wrongful death attorney and file a lawsuit. As the family of the deceased, you’re entitled to closure and financial compensation from the offender.

While you can get the help of an experienced wrongful death attorney, it pays to have a basic understanding of this type of lawsuit. Here are some important things you should know about your wrongful death claims:

What is Wrongful Death?

Wrongful death occurs when a person died because of the legal fault of another person or party. This can be a form of negligence or misconduct. The deceased person’s dependents or beneficiaries may be entitled to receive monetary damages from the party at fault.

What are the most common examples?

The most common examples of wrongful death are those involved in vehicle accidents caused by defective car parts. In this case, the automobile company may be held responsible for the death. Medical malpractice is another common case that leads to the same lawsuit. This can be caused by the negligence of hospital workers. Fatal surgical failures and administration of wrong anesthetic dosage are good examples.

Who may file a wrongful death claim?

A representative of the “real parties in interest” should file the claim. These are the people who suffer from the death of their loved one. Most state laws include immediate family members, life partners, financial dependents, and putative spouses.

What are the factors affecting the amount of compensation?

The court looks into different factors to determine the amount of compensation you’re entitled to. This includes the amount earned by and the savings of the deceased person. The court will also consider your degree of financial dependence on the victim. Expenses related to the medical and funeral costs will also affect the amount of compensation you will get.

No monetary amount can ever compensate the loss of a loved one. But keep in mind that your loved one is also after your best interests. With a successful wrongful death claim, you will receive financial security and stability your departed loved one wishes you to have.