Losing a loved one is always a painful experience, especially when they die as a result of someone else’s fault, whether intentional or not.
It can take an enormous emotional toll on family members, as well as cause serious financial hardship. This is especially true if the individual was the primary breadwinner and had dependents (such as young children).
In this blog post, we will look at what constitutes a wrongful death. We will also highlight what a wrongful death claim is, who can sue, and who can be sued. Let’s get started.
What Constitutes a Wrongful Death?
Under the law, a death might be considered to be wrongful if caused by the negligence or fault of another person or organization. If a person lost their life as a result of an act of negligence, such as a car accident or accidental fall, their family members may be entitled to justice and compensation.
The laws surrounding wrongful death vary from state to state. If interested in filing a wrongful death claim, it is important that you fully understand the laws around wrongful death in your state. Speaking to a wrongful death attorney, such as stevensonklotz.com, is helpful.
What is a Wrongful Death Claim?
The option to file a wrongful death claim exists when a person dies due to the legal fault of another person or organization. Immediate family members can bring a claim, with specific rules set by individual states.
Depending on the state and circumstances, these can include spouses, adult children, parents, grandparents, aunts, and uncles. If the deceased person had a will, typically the person appointed as executor by a court will have the sole right to bring a wrongful death claim.
Claims can be brought against a variety of persons or organizations, depending on the nature of the accident. In terms of the time limit to bring forward such a claim, each state’s statute of limitations will determine this.
Damages awarded in a wrongful death lawsuit include:
- Economic damages (medical costs, funeral costs, loss of financial contributions)
- Non-economic damages (such as compensation for loss of compassion, grief, and emotional trauma)
We recommend that you hire a professional and experienced attorney to ensure that you get a proper settlement following the wrongful death of a loved one. They will be in your corner every step of the way.
What you Need to Know about Wrongful Death
No amount of compensation can bring back a loved one. But holding accountable the at-fault party can help to ensure that justice is served and that family members are financially compensated.
An experienced lawyer can help you to navigate this difficult time and help you to secure justice for your loved one.
Like this blog post on what constitutes a wrongful death? Be sure to check out our other informative articles on a wide range of interesting topics.