So, what is wrongful death? Wrongful Death is defined as the death of a person due to the negligent or intentional act, or inaction, of another person. This can also include an entity with legal responsibility for that person.
Contents
What is Wrongful Death?
When a person dies due to the negligence or wrongful act of another, it is considered a wrongful death. A wrongful death claim can be filed by the surviving family members or the personal representative of the deceased person’s estate. The claim seeks compensation for the survivors’ losses, such as loss of companionship, income, and support.
Wrongful death claims are governed by state law, so the requirements vary from state to state. In general, however, there are four elements that must be present in order for a wrongful death claim to be successful:
1) The death was caused by the negligence or wrongful act of another;
2) The surviving family members have suffered damages as a result of the death;
3) There is a personal representative of the deceased person’s estate who can bring forth the claim on behalf of the survivors; and
4) The damages claimed are within the limit set by state law.
In some states, the fourth element may require that the claim be filed within a certain period of time after the death occurred. This is known as the “statute of limitations.”
The Legal Definition
When a death is caused by the negligence of another, it may be considered a wrongful death. To file a claim, surviving family members must file a lawsuit with the assistance of a Racine based wrongful death lawyer within a certain time after the death occurs.
There are many different ways that a death may be considered wrongful, but some of the most common include:
- A death caused by drunk driving
- A death caused by medical malpractice
- A death caused by defective products
- A death caused by workplace negligence
The first step in bringing a wrongful death claim is to establish that the death was indeed caused by another party’s negligence. This will require evidence such as police reports, witness statements, and expert testimony. Once liability has been established, the next step is to prove damages. This includes both economic damages (such as lost wages) and non-economic damages (such as pain and suffering).
When Can a Family File a Wrongful Death Claim?
In order to file a wrongful death claim, the family of the deceased must first prove that their loved one died as a direct result of another person or entity’s negligence. If successful, the family may be able to recover damages for things like medical and funeral expenses, lost wages and benefits, and loss of companionship.
In order to file a claim, the family must generally do so within two years of their loved one’s death. However, there are some circumstances in which this deadline may be extended. For example, if the cause of death is not immediately apparent, the family may have more time to file a claim. Additionally, if the defendant is a government entity, the family may only have six months to file a claim.
If you have recently lost a loved one and believe that their death was caused by someone else’s negligence, it is important to speak with an experienced wrongful death attorney as soon as possible. An attorney can help you understand your rights and options under the law and ensure that you take all the necessary steps to pursue a claim.
How Much Compensation can Families Get in a Wrongful Death Claim?
The answer to this question depends on a number of factors, including the circumstances of the death, the relationship of the deceased to the surviving family members, and the laws of the state where the death occurred. In general, however, families can receive compensation for damages such as loss of companionship, mental anguish, funeral and burial expenses, and lost wages.
In some cases, families may also be able to recover punitive damages. These are designed to punish the wrongdoer and deter future misconduct. Punitive damages are typically only available in cases where the death was caused by intentional wrongdoing or gross negligence.
Other Types of Compensation
When a death is caused by the negligence or wrongful act of another, the survivors may be able to bring a wrongful death claim. Wrongful death claims are governed by state law, so it’s important to consult an experienced attorney in your state to learn more about the specific laws and procedures.
In addition to compensation for economic losses, such as lost income and medical expenses, survivors may also be able to recover damages for their own pain and suffering, as well as for the loss of love, companionship, and support that the deceased person would have provided.
While monetary compensation can never truly make up for the loss of a loved one, it can help to survive family members cope with their financial losses and provide some measure of justice.
Conclusion
No one plans on losing a loved one in an accident, but unfortunately, it happens every day. If you find yourself in this situation, you may be wondering if you have any legal recourse. This is where a wrongful death claim comes in.
A wrongful death claim is a civil lawsuit that can be brought by the surviving family members of someone who died due to the negligence or recklessness of another person or entity. If successful, a wrongful death claim can result in compensation for things like medical and funeral expenses, loss of income and companionship, and pain and suffering.
The process of filing a wrongful death claim can be complicated, so it’s important to seek out the help of an experienced attorney. With their guidance, you can get the justice and closure you deserve.
