Understanding wrongful death claims

On Behalf of | Oct 12, 2020 | Wrongful death |

If a person dies from natural causes, it can be hard enough to accept. Yet, when they died due to another person’s actions or negligence, it can be much more challenging. A wrongful death claim may help in this case.

When can you file a wrongful death claim?

You might be able to claim where there was a workplace accident, a vehicle accident, medical malpractice or a criminal act. You can also use it where someone was meant to be supervising; for instance, if a child drowned under a swimming teacher’s supervision.

Who can file a wrongful death claim?

The family or the personal representative of the estate of the deceased can file a claim.

What requirements do you need to meet?

There needs to have been either negligence or an intent to harm.

What can you seek compensation for?

  • The deceased’s pain and suffering: Even though they are no longer alive, you may be able to claim for this.
  • The deceased’s medical bills: These expenses could be considerable, depending on the circumstances. You should not have to bear them.
  • The emotional and physical loss: This is known as the loss of consortium and companionship. If you lose your child, you will no longer experience the joy of playing with them and watching them grow up. If you lose your spouse, you will have no one to share your bed and keep you company throughout your life.
  • The financial loss: A family left behind will have to survive without the income the deceased would have provided. It can be complicated to reach an agreement on a figure. It depends on their age, their earning ability and the role they held in the family. For instance, the death of a 30-year-old sole breadwinner may result in a larger award than that of an 83-year-old retiree.

Seek legal help if you believe somebody wrongly took a loved one away from you. While the money from a wrongful death lawsuit will not bring them back, it will at least ease some aspects of life without them.