What is involved in a wrongful death lawsuit?

Feb 18, 2020 | Personal Injury

We are aware that no amount of money can compensate for the loss of a loved one, and nothing can bring them back. However, a wrongful death claim can help you to receive some financial compensation for both monetary and emotional damages generated by the death of your loved one.


When can you file for a wrongful death lawsuit?


If the death of your loved one was caused by the negligent or intentional action of someone else, then you could file for a wrongful death lawsuit, so that you can get the support you and your family need and deserve.


The following actions can constitute grounds for a wrongful death claim:
  1. Negligence in any medical act, such as a wrong prescription, surgical errors or other types of malpractice.
  2. Car accidents caused by reckless negligence, such as driving while intoxicated;
  3. Lack of proper maintenance of a property;
  4. Products’ manufacturing or design errors that led to death;
  5. Other accidents caused by negligence;
  6. Intentional actions, such as physical assaults or attacks with a deadly weapon.


If your family member was intentionally murdered by another person, criminal charges will likely be brought upon the offender by the state attorney and followed in a criminal lawsuit. However, you should also pursue a separate wrongful death claim in a civil lawsuit to compensate for damages caused by the death of your loved one.


Why should you file a wrongful death claim?


The claim can provide you and your family with financial support to cover the damages resulting from the loss you suffered. The monetary compensation could cover the following damages:
  1. Your emotional pain and suffering;
  2. Any medical expenses related to the death of your loved one;
  3. Funeral expenses;
  4. Loss of financial benefits, including health benefits or retirement plans;
  5. Any loss of goods and services;
  6. Loss of companionship, consortium of a spouse, but also loss of care, nurturing, guidance;
  7. Loss of inheritance.


Moreover, if a child or you were financially dependent on your loved one, then you may also claim financial compensation for losing this source of income.


Who can file a wrongful death claim?


You can start a wrongful death claim if you are the surviving spouse, the domestic partner or the child of the deceased. When none of these surviving family members exist, the claim can be requested by other dependents, such as stepchildren or parents. Only one claim can be filed, and any compensation is distributed among the family members in accordance with the deceased’s will or with the state law.


Contact us for a complimentary consultation at Gallagher | Krich, APC to study your unique case of a wrongful death claim.

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