The death of a loved one is one of the most challenging things that anyone can ever have to endure. When that loss occurs, it may be difficult to bear, especially if it resulted from the negligence or otherwise from the negligence of another party. In such situations, filing a wrongful death claim might be the only way the law can address the issue.
What is a Wrongful Death Claim?
A wrongful death suit is a tort claim filed by the deceased’s next of kin against the offender through a civil lawsuit. In essence, such claims seek to compensate the surviving family members for their loss and ensure that the responsible individual faces justice.
Who Can File a Wrongful Death Claim?
Wrongful death laws vary by state, but generally, the following individuals may be eligible to file a claim:
Spouse:
The surviving spouse of the deceased may file for the tort of wrongful death.
Children:
The deceased may be eligible to file the claim if they had children. In some cases of the death of a person, their parents can be considered for the above-mentioned grants if they have no children.
Parents:
There are other occasions, for example, where the people closest to the deceased are minors. The parents of the child may be allowed to file a claim. However, data shows that this differs from state to state.
Personal Representative of the Estate:
In some cases, even the personal representative of the deceased’s estate is able to bring a claim. This is usually so when the claim concerns the estate of the deceased and does not include the suffering and loss felt or incurred by the bereaved family.
Grounds for a Wrongful Death Claim
A wrongful death claim can arise from a variety of circumstances, including:
Negligence:
The largest number of actions for wrongful death are instituted due to negligence. Some examples are road accidents, medical negligence cases, and workplace injuries, which result from negligence by one party.
Intentional Acts:
Sometimes, a wrongful death claim may be a result of intentional torts like murder or assault.
Product Liability:
If the defective product has resulted in the death of a person, then the manufacturer or distributor can be charged with wrongful death.
Medical Malpractice:
An act of omission by the doctors, for instance, missed treatment conditions or wrong operations being conducted, leads to wrongful death claims.
Workplace Accidents:
Workplace accidents, mainly where the individual worked in high-risk jobs, lead to a wrongful death claim.
Damages in a Wrongful Death Claim
The types of damages recoverable in a wrongful death claim vary by state, but they generally include:
Loss of Financial Support:
This means the amount of money the deceased would have even been able to provide to the family for the rest of their lifetime.
Loss of Services:
This comprises the household services, care, and companionship that the deceased would have provided to the surviving family.
Loss of Companionship and Consortium:
This is the aspect of grief, which consists of the loss of the emotional and sentimental values that close relatives have lost in connection with the death of the given patient.
Funeral and Burial Expenses:
Burial and funeral expenses related to the decedent may also be recovered in a wrongful death claim.
Medical Expenses:
The family may also pay the deceased’s medical bills before passing on.
Pain and Suffering:
In some instances, the suffering of the decedent before his or her passing can be recovered in a wrongful death lawsuit.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove the following elements:
Duty of Care:
The plaintiff must prove that the defendant was under an obligation to the deceased not to cause harm and that he had a duty to provide care.
Breach of Duty:
The plaintiff must prove that the liable person so acted negligently or failed to live up to their duty of care that they could cause harm leading to death.
Causation:
In many cases, the plaintiff is required to prove that the responsible party was negligent and that the negligence led to the death.
Damages:
Lastly, the plaintiff must prove that he or she suffered tangible losses due to the death.
The Role of a Wrongful Death Lawyer
Dealing with a wrongful death claim may be a complicated process and also an emotionally grueling one. A wrongful death attorney can provide invaluable assistance throughout the process, including:
Investigating the Case:
Thus, a wrongful death attorney will search for relevant evidence that can be cases strong in support of their client.
Calculating Damages:
An experienced attorney can guide you through the computation of several types of damages that may be awarded in a wrongful death case.
Negotiating with Insurance Companies:
Some insurance providers might be difficult to work with, but an experienced lawyer can force an insurance company to compensate their clients as they should.
Filing a Lawsuit:
In the event of a deadlock in the negotiations, a wrongful death attorney will litigate the case and defend the client in court.
Providing Emotional Support:
An attorney can be a great support to the client when pursuing a wrongful death claim since overcoming grief is out of the question.
Wrongful Death Claims in Specific Circumstances
While the general principles of wrongful death claims apply across various situations, certain circumstances have unique considerations:
- Car Accidents
In car accidents, the claimant may include not only the driver but also the car manufacturer and, in some cases, the local authority charged with maintaining roads.
- Medical Malpractice
Some forms of negligence involve multiple doctors or facilities, and many medical malpractice claims are supported by substantial medical evidence.
- Product Liability
It is perhaps in product liability litigation that issues of product design, manufacture, and marketing, as well as the legal status of supply chain participants, can attain quite a lot of legal complexity.
- Workplace Accidents
The workers’ compensation laws and the provisions under OSHA may apply when filing workplace accident claims and third-party negligence claims.
- Premises Liability
In premises liability cases, negligence usually comes into play, and this may be a question of security or hazardous property conditions.
Difficulties that we come across in wrongful death litigation
A wrongful death claim is not easy to seek. However, the following information will guide anyone seeking to seek justice for the death of their loved one. Some common obstacles include:
Proving Causation:
This may be particularly challenging, especially in cases of multiple causation, in proving a proximate link between the wrongful conduct of the responsible party and the decedent’s death.
Comparative Negligence:
On other occasions, the deceased might have contributed to their death to some extent, which could reduce or even extinguish recoveries of the surviving relations.
Insurance Company Tactics:
Insurance carriers always try to settle low and may delay, ignore, or undervalue wrongful death cases.
Emotional Toll:
It cannot be overemphasized how emotionally straining the process of seeking justice through a wrongful death claim is. It can take a very long time.
The Importance of Legal Representation
As demonstrated in the cases of wrongful death suits, such claims involve many hurdles that may influence your chance of winning the case and issues, and, therefore, there is a need to retain the services of professional legal brains. A skilled wrongful death attorney can:
Conduct a Thorough Investigation:
An experienced attorney can investigate and prove the matter in court in support of the client.
Navigate Legal Complexities:
An attorney is experienced in representing parties in the legal issues arising from wrongful death and can represent their client meritoriously.
Negotiate Effectively:
Litigation involves representing one’s client in a legal battle. The best litigant or lawyer can always negotiate for their client with the insurance companies or the defendant’s lawyers to get the best deal.
Provide Emotional Support:
A sensitive lawyer can console the client and support him/her through the difficult moments that accompany any wrongful death case.
Conclusion
One of the hardest things to endure is losses that result from a careless or malicious act. The wrongdoer is also exposed to public scrutiny and made to pay for his actions through a legal proceeding for a wrongful death claim. The most important thing that should be understood is that the process of filing a wrongful death claim is always challenging and stressful in terms of legal issues.
