Have you lost a loved one due to someone else's negligence? Wrongful death case claims are statutory causes of action brought on behalf of a surviving spouse, child, or parent. Wrongful death claims seek compensation for losses resulting from the family member's death. A number of situations lead to wrongful death case being filed. Medical mistakes, auto accidents, criminal attacks, work-related injuries, defective products, and other accidents result in wrongful death case. Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys. In the case of car accidents, wrongful death claims are usually against the driver at fault, but may also be brought against the at fault driver’s employer and/or owner of the vehicle. You may also have an uninsured motorist claim or an underinsured motorist claim, in the event the other driver does not carry enough insurance liability limits to compensate you for your injuries and damages.
Wrongful death case in criminal attacks may involve the owner of the property where the attack took place. Wrongful death case against employers are common in work-related deaths, such as falls or electrocutions. Other wrongful death claims involve homeowners or landlords, if a death occurs on their property due to negligence.
Wrongful death cases are often settled prior to trial, but may take several years if they go through court. Wrongful death cases must be filed within a certain time frame; promptly contacting an attorney is important.
Wrongful Death Case Damages
Wrongful death damages usually depend upon the relationship of the plaintiff to the deceased. Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their child's death. Damages in the death of a minor child may include potential financial contributions from said child. Damages for spouses include loss of companionship, potential financial contributions, and mental anguish.
The wrongful death damages awarded to children after the death of a parent vary based upon age. Wrongful death damages for all children usually include mental anguish and loss of companionship. Minors can recover wrongful death damages for monies the deceased would have contributed to raising the child. Adult children who claim damages can include the sum the parent would reasonably and probably have contributed to them.
Occasionally, wrongful death damages include loss of inheritance, as well as punitive damages. Wrongful Death Claims also generally cover medical and funeral expenses, as well as pain and suffering before death.
