Wrongful death cases arise when the death of a loved one is due to the negligent, reckless, or intentional actions of someone else. The purpose of wrongful death cases are to determine the amount of damages the surviving family members should collect because of the death of their loved one.
When going through this process some questions may arise. Does your case qualify as a wrongful death case? What do you need to do in order to file a wrongful death claim? The following questions may help clarify whether your case should be pursued.
Who can file a wrongful death claim? The claim must be filed by a representative on behalf of the survivors who are suffering the damages from the decedent’s death. These people can include immediate family members, life partners, financial dependents, putative spouses, distant family members, or all other persons who will suffer financially because of the loss.
Who can be sued in a wrongful death case? A wide variety of persons, companies, government agencies, employees, and others can be held accountable in a wrongful death case. Some examples of who can be sued in a wrongful death case, particularly regarding vehicles, are manufacturers of faulty vehicle parts, designers of faulty roadways, or drivers at fault in the accident.
What needs to be proven in order to win a wrongful death case? In order to win in court, the case will have to prove various points. Included are: the death of someone, the cause of death being due to the negligence of someone, the decedent was survived by immediate family members, and the family suffered a compensable loss.
What types of damages are collected in a wrongful death lawsuit? After it has been established that a loved one’s death was due to a wrongful act, the following damages can be collected by those filing the claim:
- Medical bills
- Burial expenses
- Lost wages their loved one would have earned
- Compensation for pain and suffering
If you believe you have a wrongful death case or would like more information on it, contact a O’Keeffe O’Brien Lyson Foss attorney today.
Image courtesy of/ Dwayne Bent