What if someone you love dies because of another’s action? Grief, anger, sadness, and all indescribable feelings are justifiable reactions. Filing a wrongful death claim is one course of action you may choose to take, and while it won’t bring your loved one back, it may be a choice you choose to hold responsible parties accountable.
But, what are wrongful death claims? In this blog, we’ll explain what these claims are, common causes of wrongful death, the legal framework of filing them, and other things that can help you make those responsible face justice.
At 1-800-ASK-GARY®, we’re always here to help you connect with the right legal and medical professionals who can support you in worst case scenarios.
What are Wrongful Death Claims?
Wrongful death claims are civil lawsuits that you can file if someone in your family dies due to other people’s negligence or intentional actions. These claims aim to hold those who are responsible accountable.
For grieving families, wrongful death lawsuits are their way of seeking compensation for financial and emotional losses caused by the death of their loved ones. Filing a claim can help them recover expenses, such as medical bills, funeral costs, and lost income.
These claims can also address non-financial damages, including loss of companionship and emotional pain. Since the pain can’t be healed by any amount of money, filing a wrongful death claim can provide you relief and support during hard times. It could also help provide you with a sense of closure and help you find justice.
What Causes Wrongful Death?
Wrongful death is caused by unexpected and preventable tragedies. These incidents could happen because of other’s wrong actions or negligence. Below are some of the common causes of wrongful deaths.
- Car or other motor vehicle accidents caused by distracted, impaired, or reckless driving
- Medical malpractices including surgical errors, misdiagnoses, and unsafe treatment
- Workplace accidents, such as slip & fall, equipment failures, and unsafe work environments
- Defective products or dangerous items that can cause harm because of design or manufacturing issues
- Criminal acts such as homicides or other intentional actions aiming to kill the other person
Each wrongful death case is unique. Knowing what caused the wrongful death can help you file a claim and seek accountability.
Who Can File Wrongful Death Claims?
If your loved one dies because of someone’s wrongdoings, it is important to know who can file a wrongful death claim. Why? Because laws about eligibility are different by state. This can be seen in New Mexico, where personal representatives are the only ones allowed to file wrongful death claims.
In many states, these are the common groups who can file the lawsuit:
- Immediate family members: spouses, children or parents
- Domestic partners, especially if financially dependent on the deceased
- Personal representatives who handle the deceased’s estate
- Other dependents, such as relatives or financially dependent people
It’s important to check your local laws to confirm if you can file a wrongful death lawsuit. Doing so will make the process easier and clearer.
How Wrongful Death Lawsuits Work
Before filing wrongful death claims, you must understand the legal framework first. These lawsuits are separate from criminal cases because they focus on getting compensation for financial and emotional losses. You should know the claim’s legal elements, deadlines, and other details to be successful.
Wrongful Death Lawsuit Key Elements
- Duty of care: The defendant should have the responsibility to act with reasonable care
- Breach of duty: The other party’s actions or negligence failed to meet their responsibility
- Causation: The breach of responsibility directly resulted in the death
- Damages: The defendant’s breach of duty led to measurable losses, such as medical expenses, income losses, or emotional pain
Wrongful Death Claim Statute of Limitations
The wrongful death statute of limitations varies by state. In most states, the statute of limitations is one to three years from the discovery of death’s cause or the date of the death. But, deadlines might be extended if the cause of death was concealed by criminal conduct or fraud. They can also be adjusted if the claimant is a minor.
Knowing the key elements will allow you to successfully file a wrongful death claim. Just make sure that the filing is within the timeframe of your state.
What Can You Recover?
Seeking compensation for wrongful death claims can ease your financial stress and help your family have a sense of justice. The damages you can recover will still depend on certain circumstances. Generally, you can recover both economic and non-economic damages.
Wrongful Death Compensation
Economic damages: Medical bills, funeral expenses, lost wages, and future earnings. Benefits of the deceased, such as health insurance or retirement funds, could be included.
Non-economic damages: Emotional losses, such as suffering and pain, loss of companionship, and loss of the guidance offered by the deceased.
Punitive damages: If there’s severe negligence or intentional harm, the defendant could face punishment.
Factors Influencing Wrongful Death Settlements
The wrongful death settlements you can receive can be influenced by various factors. These include age, income, and expected future contributions of the deceased. The statute of limitations could also affect the damages you can recover. Aside from these, your relationship with them is also a factor.
Need Legal Assistance?
Losing a loved one is never easy. Now, imagine if it’s because of someone else’s negligence. At 1-800-ASK-GARY, our team is committed to connecting you with the right attorneys. The legal professionals we partner with will work night and day to help ensure that your wrongful death claim is successful.By matching you with the right attorney, we can help you make the legal process less stressful and ensure you get the justice you’re looking for. Contact us today by dialing 1-800-275-4279. You can also visit our website to learn more about us. We’re available and free 24/7!
