A wrongful death claim is a lawsuit in which the survivors bring a case against a defendant whose negligent or intentional act caused someone’s death. These types of lawsuits are focused around seeking compensation for wages lost, loss of companionship, or to cover funeral expenses.
For example, if a doctor diagnosed a patient incorrectly, and the patient dies as a result, his family can file a wrongful death case against the doctor. Similarly, it could also be against a driver who caused an accident that led to a death or can be filed against organizations that fail to provide enough safety equipment to their workers and which causes death.
Who Can Sue For A Wrongful Death?
A wrongful death claim can only be filed by someone on behalf of the survivors who suffered emotional or financial loss from the descendant’s death. These include:
- Family members: Immediate family members like spouses, children, and parents can benefit from a wrongful death claim.
- Financial Dependents: In some states, the law allows anyone who was financially dependent on the descendant to have the right of recovery of assets. This can be anyone, whether they are blood-related or not.
- Distant Family Members: Some states also allow distant family members such as brothers, sisters, grandparents, etc. to file a wrongful death claim. However, it is only applicable if the descendant was living with you or you were dependent on him.
Before filing a wrongful death case, you must check your state’s law or consult an agency like Kania Law Office who has experienced wrongful death attorneys on their team. A good attorney will help you build a better case that has a better chance of success.
Who Can Be Sued For A Wrongful Death Case?
When it comes to wrongful death cases, you can file them against numerous people and companies. Some of these include:
- A driver at fault in an accident
- A doctor who was negligent in performing an operation
- The designer of the road where an accident took place
- In case of a drunk driver accident, you can even sue the bartender where the driver drank the alcohol
- Manufacturer of a car company
- You can sue the government for not providing road hazard signs
- Exposure to hazardous conditions in an industry
- Murder or any other criminal activity
What Is Covered In A Wrongful Death Case?
When you sue someone in a wrongful death case, you can receive compensation in the following form:
- Survival claim which includes the damages that the deceased suffered from the moment of his injury till his death.
- Medical treatment bills that the deceased had to pay before his death.
- The cost of his funeral and burial
- Loss of companionship or consortium
- Loss of guidance that the deceased would have provided
- Loss of any inheritance
- Loss of his wages
- Loss of services that the deceased provided
The death of a relative is a very devastating experience for everyone. While we all need time to cope up with the death of a loved one, we don’t have to go through unnecessary stress. Should you decide to pursue legal action, you need to know the exact details to build up a good case.
We hope that with the help of this article, you will have an idea of whether or not you can sue the person responsible, or if you are eligible to receive compensation for the death of your loved one. Carefully choose an attorney working with a reputable agency who has a good record to ensure success.
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