Wrongful death is death caused due to negligence or harm caused intentionally by another person. A wrongful death claim can be due to a car crash or any other type of personal injury. A surviving member of the family can file a complaint against the person who caused harm. A lawyer or a law firm like mickleandbass.com can help you determine if you have a good case to file a claim. www.Findlaw.com experts suggest that you can also file a wrongful death claim if you feel that someone in your family was killed purposefully, killed due to medical malpractice or due to vehicle accidents. Those were just a few examples; a wrongful death lawsuit can be for any personal injury expect death at the workplace which comes under worker’s compensation claims.
What proof is needed to stake a claim
To hold a suspect liable for wrongful death, the person who is suing the defendant should produce proof for the claim. The plaintiff should prove that due to negligence the death was caused and that the victim would have lived had the suspect taken due to measures to take care and had followed the duties assigned, lack of which resulted in the death. It should also be proven that the death caused damages namely financial, emotional and mental to the plaintiff which should be compensated.
Who can file a claim
A wrongful death claim can be registered by survivors who had a close relationship with the victim on behalf of the deceased. The survivors can be a spouse, offspring, etc. A spouse has absolute rights to file a claim on behalf of the dead partner. Parents of a child killed due to accidents and minors can also file a wrongful death claim and get compensated for the death of the parents. Some states may not allow death claims by adult children, siblings, relatives like aunts, grandparents, etc. The more distant the relation, the harder the case gets. The main point here is that the plaintiff should show financial dependence on the victim to be able to succeed in the claim.
Before the case goes to trial, attorneys for both parties put forth their legal arguments on the court. These arguments may be proofs, evidence, answers to queries, etc. One of the parties may win without letting the case go to trial. Many courts may ask both the parties to meet the judge who will help work out an amicable settlement Some courts mediate before the start of a trail to encourage out settlements rather than go to a costly trial.
Settlement in a death claim can include the following
The pain and suffering which the deceased went through, which is called the survival claim.
The medical expenses that the victim had to shell out due to the injury before the death.
Cost of funeral and burial.
Damages caused due to loss guidance, care and compassion that the victim would have otherwise provided.
Loss of income to the survivor due to the death of the victim.
Loss of companionship to the survivor.
Inheritance loss to the survivor due to the death of the victim.