What is a Wrongful Death Claim?

A wrongful death claim arises when an individual dies due to the negligent, reckless, or intentional actions of another party. These claims are brought by the deceased person's estate or close family members, seeking compensation for the losses suffered as a result of the death.

Common Causes of Wrongful Death

Wrongful death can occur in various situations, including:

• Car Accidents: Fatalities resulting from negligent or reckless driving.
• Medical Malpractice: Deaths caused by medical errors, misdiagnosis, or substandard care.
• Workplace Accidents: Fatal injuries sustained in unsafe working conditions.
• Defective Products: Deaths caused by faulty or dangerous products.
• Criminal Acts: Homicides or other violent acts leading to death.

Who Can File a Wrongful Death Claim?

In most states, the following parties are eligible to file a wrongful death claim:

• Spouses: The deceased person's spouse has the primary right to file a claim.
• Children: If there is no surviving spouse, the deceased's children can file a claim.
• Parents: If the deceased has no spouse or children, the parents may file a claim.
• Personal Representatives: The executor or administrator of the deceased's estate can file on behalf of the estate and the deceased's beneficiaries.

Types of Compensation in Wrongful Death Claims

Compensation in wrongful death claims can cover both economic and non-economic losses, including:

• Medical Expenses: Costs incurred for the deceased’s medical treatment prior to death.
• Funeral and Burial Costs: Expenses related to the deceased’s funeral and burial.
• Lost Income: The financial support the deceased would have provided to the family.
• Loss of Companionship: Compensation for the emotional pain and loss of companionship experienced by surviving family members.
• Pain and Suffering: Damages for the emotional distress and suffering of the deceased prior to death.

How a Wrongful Death Attorney Can Help

Navigating a wrongful death claim can be complex and emotionally draining. An experienced wrongful death attorney can provide invaluable assistance by:

• Investigating the Case: Gathering evidence to establish liability and build a strong case.
• Negotiating with Insurance Companies: Ensuring fair compensation through settlement negotiations.
• Representing in Court: Advocating for your rights in court if a settlement cannot be reached