Important Details To Keep In Mind When Handling A Wrongful Death Claim
A wrongful death claim is very similar to a personal injury case. Still, in this case, rather than just injuries or damages, the victim loses his/her life due to the defendant’s action or inaction. A wrongful death claim is usually separate from any other civil cases being filed against the defendant by the state. When handling a wrongful death claim, there are many details to keep in mind to gather a successful case. Some of these principal points are detailed below.
Situations Where a Wrongful Death Claim Is Valid
All wrongful death claims originate from a personal injury claim accept work injuries and work-related deaths, which must be handled under the worker’s compensation system. Some examples of these situations are:
- Medical Malpractice: This can result from wrong diagnosis or partial/total negligence in a medical procedure that then resulted in the patient’s death.
- Car Accident Fatalities: This is when a victim dies as a result of a car accident that he was in no way at fault or died from injuries sustained in a road accident due to the negligence or action of another driver.
- Murder: Although the state initiates a murder case, the family members can file a wrongful death claim against the accused based on some form of negligence.
What You Must Prove
Just as if the victim were alive in a personal injury claim, you have to build a burden of proof to show that responsibility fell on the defendant; that he/she was negligent and faulted in that responsibility. Your lawyer from https://www.sherrodandbernard.com/bremen/ must be able to prove that negligence is what directly resulted in the death of the victim. You also have to prove that the damages that you’re filing to recover are commensurate and directly caused by the death in question.
Who Can File For A Wrongful Death Claim
Who can file for a wrongful death claim may differ from state to state. Ideally, a wrongful death claim is filed by the estate of the deceased on behalf of the victim’s survivors. The survivors are usually direct family members. Where to draw the line with who these family successors are is determined by state laws on wrongful death claims. Cousins, aunties, and other individuals with a more distant familial relationship with the deceased may not be able to file for a wrongful death claim. However, in all states, the following are common:
- A spouse may file for the wrongful death action for his/her deceased spouse.
- A child within the age limit of a minor may file for compensation for the wrongful death of a parent or both parents.
- A parent could file for wrongful death action if the deceased child was a minor.
Types Of Damages In A Wrongful Death Claim
The damages that can be filed for by the deceased’s successor in a wrongful death claim are endless. Here are five (5) of the most common damages that are recoverable through a wrongful death claim:
- Survival Claim: This is a claim for the pain and suffering the deceased suffered due to the accident or injuries that eventually led to death.
- Costs: These are the costs of medical treatments and medicines that were spent before the death of the deceased and the costs associated with the funeral and burial of the deceased.
- Income: The damage here is the loss of income that the deceased is now unable to earn and the loss of any other inheritance and that cannot be earned as a result of the death.
- Services: A plaintiff may file for the value of the services that the deceased is now unable to provide.
- Emotional Damage: This is the loss of love, care guidance that the deceased will have provided in the absence of death.
Time Limit
This is the most important detail you need to remain conscious of when filing a wrongful death claim. There are time limits for filing a wrongful death claim. Several factors come into play when calculating the time limit of a wrongful death claim. If a wrongful death claim is delayed more than the statute of limitation allowed in that state, you run a risk of losing all monetary compensations for damages. If a wrongful death claim is filed by the wrong part or a party not recognized by the law, the case may not be approved.
These are some of the key details to keep at the forefront of your mind when handling a wrongful death claim. It is best to hire a lawyer/attorney with vast knowledge and sufficient experience in cases such as personal injury claims and wrongful death claims.
