All accident victims have the liberty to file a personal injury claim and seek redress for all the losses they incurred. But what would one do when an accident results in death? In such sad scenarios, wrongful death claims enable the other party related to the deceased to get redress from the offenders.
This document will discuss the concept of a wrongful death lawsuit, the persons eligible to pursue this particular case, and the damages that can be claimed. People can check about wrongful death on the website.
What Is Wrongful Death?
A wrongful death is caused by another party’s violation of the legal duty that they owe, resulting in the death of the individual. In such conditions, a cause of action for wrongful death may be asserted by the surviving family members or someone who represents the decedent’s estate. If these proofs are established, for example, family members of the deceased or the deceased’s estate may be entitled to an award from the court.
Death vs. Personal Injury Lawsuits
There is much similarity between a claim for wrongful death and that of personal injury in that both are filed for damages under certain circumstances. However, it goes further in that, there is no such thing as just injuries but rather death at the end of the accident.
In personal injury actions, the victims of an accident may bring suit or settle on their own to recover against those who caused them harm. For personal injury, the victim must prove that the defendant purposefully or even carelessly inflicted damage. If these are established, compensation for pain and suffering, medical bills, and lost wages will be awarded.
The focus of a wrongful death action is, on the other hand, the living people who have suffered loss due to the death of that person. They may sue or settle out of court and can claim damages for expenses like any medicals and anguish that the deceased suffered before death. They may also obtain damages for costs incurred during the burial, lost wages, and companionship of the deceased in the future.
Who Can File a Wrongful Death Lawsuit?
Not all individuals affected by the loss of a loved one can claim wrongful death. The right to do so is usually within a few, more specific relatives, or representatives of the deceased’s estate.
Common Eligible Parties:
Spouse: The surviving spouse of the deceased is typically the first individual who is standing to file a suit. In a lot of instances, they can also serve the needs of the minor children involved.
- Children: In case there is no surviving spouse, the children of the deceased (including any adult children) will file the suit.
- Parents: In the absence of any spouse, children, or other beneficiaries, the parents of the deceased may be able to file a claim.
- Personal Representative of the Estate: In case no relatives are present, the representative or administrator of the deceased’s estate is allowed to claim. Damages assessed in such a case are received by the estate beneficiaries.
Conclusion
An action for wrongful death, like any other legal issue, is usually too complicated for an ordinary person to handle to any reasonable effect. When one has just gone through the loss of a loved one and is struggling with other issues. Also, the individual needs to have someone trustworthy. This is reassuring as it provides the necessary support and help and enables us to fight for the results. The stakes attached to the outcome of the wrongful death claim that the individual is pursuing are quite high — allow a skilled attorney to handle the matter
References:
- https://www.lilawyer.com/blog/who-can-file-wrongful-death-suit/
- https://wfirm.com/detailed-guide-to-wrongful-death-lawsuit/
- https://www.forbes.com/advisor/legal/personal-injury/wrongful-death-lawsuit/
