A wrongful death claim is usually brought against someone who has caused another person’s death, either deliberately or unknowingly.
However, that’s only the fundamental version of it. If you want to know more regarding wrongful death and how it works similar to other claims such as assault, please keep reading.
Wrongful Death Claim – When Is It Applicable?
A wrongful death lawsuit can be subjected when someone you know has passed away due to another person’s fault. It can occur in more than one situation, including:
1. When The Victim Is Killed Intentionally.
An example of such can be the suing of O.J. Simpson where it was proved that he had a hand in the deaths of Ronald Goldman and Nicole Brown. The civil lawsuit was submitted by the family of the victim and was different from the state’s. But, both of them were applicable.
2. When The Victim Passes Away Due To Medical Malpractice.
In some cases, a doctor might fail to make the right diagnosis and end up providing the wrong medication to a patient. This is known as medical malpractice. So, if someone in your family has passed away due to this reason, you can file a lawsuit against the guilty physician.
3. Car Accident Involving Negligence.
If someone dies in a vehicle accident due to another person’s fault, it will also fall under the label of wrongful death. However, if you can prove that the driver was drunk driving, it may be possible to put another legal charge on them. Talk to your lawyer to know more about it.
What Do You Need To Prove?
If you want to prove the liability of the defendant, you’ll need to find a way to meet some sort of burden of proof. For example, medical negligence can be an issue here where you have to prove that the person was diagnosed quite wrongly. Also, as stated in the previous example, proving that the other person was drunk driving will also make them liable for the death. In some cases, showcasing that another person has made a breach to their social duty, which resulted in someone’s death, can also work. However, before you take another step in this aspect, we’ll ask you to talk to an attorney first.
Who Can File The Lawsuit?
A wrongful death lawsuit is usually filed by someone who’s a representative of deceased one’ estate against another person or organization or even the government. So, if you’re a son or daughter of the individual, you’ll be able to take a step here. But, the person might vary from one state to another. So, knowing more about it can help you out.
- In some states, the parent of a minor can file the claim.
- A spouse might also bring the claim to find justice for their spouse’s untimely death.
- In a few cases, a minor can submit a lawsuit with regards to the death of their parents.
Generally, as long as you can prove that you were financially dependent on the other person, you can file the lawsuit. But, again, speak to your lawyer before taking another step here.
Damages Of A Wrongful Death
The damages of a wrongful death can differ a little from an injury claim. Let’s keep reading a bit to know more in this regard:
- The pre-death suffering and pain of the deceased person.
- The expense related to the burial and funeral of the individual.
- Loss of inheritance or asset due to the untimely death.
- The expense of medical treatment related to the deceased victim.
- Loss of companionship and love.
- An insufferable loss of consortium.
Besides, the value of the services or offering the deceased could have provided is considered as a part of wrongful death damages too. You may make the claim for the aspect of an eternal loss of care, nurturing, and guidance as well. Call your attorney to learn more in this context.
Or, you might also refer to someone who has gone through such an event before you. They’ll provide you with an idea or two in this aspect.
