The death of a family member is no doubt much painful. If the death caused by another party, due to negligence, it results in unbearable sorrow. The psychological toll and emotions increase if this happens, unfortunately.
To compensate for the loss, the bereaved family can file a wrongful death lawsuit against the causing party. A proper procedure needs to be followed to file a wrongful death lawsuit.
- How it works
Wrongful death lawsuit filed against the party involved in the death either intentionally or unintentionally. The rules of these lawsuits are different as per state, but normally case filed by the family member of the deceased person.
- When the wrongful death lawsuit arise
The lawsuit is applicable when the defendant’s wrong action causes the death of the deceased person. A variety of situation in this aspect are as follows:
- Death caused intentionally: death is a murder case.
- Medical malpractice causes death: in case the doctor is unable to handle his patient or he showed the carelessness towards his treatment.
- Death caused by the road accident: if the death caused by the road accident and the road accident happen due to the negligence of the other party.
- Who can file lawsuit
On the survivor’s side, the one who had a relationship with the victim, the lawsuit could be filed by any representative. Now the question is who could be the survivor. So, the survivor varies in each state. But in general:
- The spouse of the deceased can claim a lawsuit.
- Parents of minor deceased can also file a wrongful death claim
- The rules vary in different states like if the parents can claim for their adult child, and if an adult child could file a case for the wrongful death of the parent.
- Similarly, if siblings could file a case
- The aunts, uncles, cousins, grandmother, grandfather, and other extended relatives could also claim or not. As a general rule, the more extended relatives of a deceased could hardly file a wrongful death case.
- The romantic partner is also eligible to claim, in a few states. The rule is for anyone financially dependent on the deceased.
- Damages due to wrongful death
The survivor can claim compensation against the damage caused by wrongful death. It includes but not limited to:
- Pre-death suffering and pain of the deceased person
- The cost spent on the treatment before his death
- Burial and funeral cost
- The expected earning loss of the dead person
- The services provided by the deceased person to the survivor
- Other losses including nurturing, guidance, and care, provided by the deceased
- Companionship and love, by the deceased
- Loss of consortium
- Should I Hire a lawyer for wrongful death claim
Consulting an experienced lawyer in wrongful death cases is the best practice either you are a defendant or plaintiff in the case. An experienced lawyer knows the nitty-gritty of the claim, so he can handle the situation well. He helps you to check if the claim is valid after analyzing the whole situation. He knows the best way to protect your rights. Zantac lawsuits are everywhere these days, see www.dolmanlaw.com to learn more.