Understanding Wrongful Death Claims: A Guide for Families

Losing a loved one is one of the most painful experiences any family can endure. It is especially difficult when another person or entity’s negligent or intentional actions caused the death. In such cases, families may have the right to pursue a wrongful death claim to seek compensation for their losses.

This guide will provide an overview of wrongful death claims, including who can file a claim, what damages are available, and how to navigate the legal process.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the survivors of a person who has died as a result of the negligence or intentional act of another person or entity. These claims seek to hold the responsible party accountable for their actions and compensate the surviving family members for their losses.

Wrongful death claims can arise from a wide range of situations, including car accidents, medical malpractice, defective products, and workplace accidents.

Who Can File a Wrongful Death Claim?

In most states, the deceased person’s surviving spouse, children, or parents have the right to file a wrongful death claim. In some cases, other family members or dependents may also be able to file a claim.

It is important to note that the laws governing wrongful death claims vary from state to state, so it is essential to consult with an experienced attorney who is knowledgeable about the laws in your jurisdiction.

What Damages Are Available in a Wrongful Death Claim?

The damages available in a wrongful death claim are intended to compensate the surviving family members for the losses they have suffered as a result of their loved one’s death. These damages can include:

• Economic Damages – Economic damages compensate the family members for their financial losses due to the death. These can include lost wages, medical expenses, funeral expenses, and other out-of-pocket expenses.

• Non-Economic Damages – Non-economic damages compensate the family members for the emotional pain and suffering they have experienced due to the loss. These can include loss of companionship, loss of guidance, and loss of consortium.

• Punitive Damages – In some cases, punitive damages may be available. These damages are intended to punish the responsible party for their actions and deter others from engaging in similar conduct.

How to File a Wrongful Death Claim?

Filing a wrongful death claim can be a complex and challenging process. It is essential to consult with an experienced attorney who can guide you through the legal process and help you build a strong case.

The following are some steps involved in filing a wrongful death claim:

• Gathering Evidence – To build a strong case, you will need to gather evidence to support your claim. This can include medical records, accident reports, witness statements, and other relevant documents.
• Identifying the Responsible Party – You will need to identify the person or entity responsible for your loved one’s death. This can be a challenging task, particularly in cases where multiple parties may be at fault.
• Filing the Claim – Once you have gathered the necessary evidence and identified the responsible party, you will need to file your claim. Your attorney can help you prepare the necessary documents and ensure that your claim is filed within the applicable statute of limitations.
• Negotiating a Settlement – In many cases, wrongful death claims are resolved through a settlement negotiation process. Your attorney can work with the responsible party’s insurance company or legal team to negotiate a fair settlement that compensates you for your losses.
• Going to Trial – If a settlement cannot be reached, your case may go to trial. Your attorney can represent you in court and present your case to a judge or jury.

Losing a loved one is one of the most challenging experiences any family can face, especially when the death was caused by the negligence or intentional actions of another person or entity. While nothing can bring back your loved one, filing a wrongful death claim can help you seek justice and compensation for your losses.

By understanding the basics of wrongful death claims, you can take the first steps towards holding the responsible party accountable and seeking the closure and compensation you deserve. Contact Morris Bart to represent your wrongful death claim.

About the author:

With a BA in communications and paralegal experience, Irma 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.