Death is an inevitable experience that we must all go through at some point in our lives. Whether expected or unexpected, the process of grieving and loss is an uncomfortable time of powerful emotions that we all go through as we learn to deal with what comes after.
If you lost a loved one in a fatal accident caused by someone else’s negligence, you may file a wrongful death case to receive benefits.
Wrongful Death: The Most Painful Loss
Wrongful death is defined as the “death of an individual as a direct result of someone else’s actions.” A wrongful death claim allows you to seek legal action and compensation for the loss of your loved one.
Laws surrounding wrongful death compensation vary from state to state, with the most commonly expected party to file suits being the family or spouse of the deceased. Talking to a wrongful death lawyer from Preszler Law will help you decide if you have the required documentation to support a wrongful death claim.
What Constitutes A Wrongful Death?
There are a variety of situations in which a wrongful death or accidental death may occur. Any situation where someone has perished due to another person’s willful or negligent actions is classified as wrongful death. Some more common causes of wrongful death include:
Murder
When someone is accidentally or intentionally killed by another person or group of people, this is classified as murder. All cases of murder are eligible for wrongful death benefits.
The deceased may no longer be able to collect benefits, but close family members and the estate that the individual leaves behind can take advantage of these benefits to help navigate life after loss.
Medical Malpractice
Medical malpractice is among the top five causes of death in the United States today. This is defined as an incident where a patient dies as a direct result of a healthcare provider’s negligence or inability to effectively care for that patient. Examples of medical malpractice include:
- Misread lab reports that result in inappropriate care measures and death
- Surgical errors
- Medication administration errors while in the care of a health facility
There are many other incidents where medical malpractice may be applicable; talking to a qualified wrongful death benefits attorney can help you determine if you have a viable claim.
Car Accidents
If your loved one dies as a result of another driver’s negligence or irresponsibility, you could qualify for wrongful death benefits. Head-on crashes, texting and driving, and driving under the influence are all examples of situations that can be classified as wrongful death claim that entitles claimants to benefits.
Premises Liability Accidents
Situations where a victim is injured or is struck by an object on someone else’s property could result in a wrongful death claim if the victim later dies. In addition, incidents of crime on a property that could have been prevented can also make surviving loved ones eligible for wrongful death benefits.
Who Is Entitled to a Claim?
As a wrongful death victim is no longer able to qualify for benefits, those most commonly expected to file a wrongful death claim include:
- The victim’s spouse
- The victim’s immediate family members
- The estate acting on behalf of the victim and family members
Each state has different limitations and restrictions on who can file and receive a claim. Many states mandate that a child must be of a certain age to begin receiving benefits independent from caregivers, for example. In general, the closer your relationship was to the deceased, the more significant your benefits will be.
Contact a Lawyer
While it may seem that a wrongful death claim is a simple process, quite the opposite is true. Those filing a claim must provide certain proof that the other party or parties are responsible for your loved one’s death.
Talk to a qualified attorney to determine if the submission of a wrongful death claim is right for you and your family. The process itself will not be easy, but any benefits you receive as a result of your work will be able to provide more peace and security for your family in this difficult time.
About the author:
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.
