ARTICLE: Significant Factors in Establishing Wrongful Death Claim

By Lala Ballatan

If your loved one has been killed because of an accident that resulted from another individual or a company's negligence, carelessness, inaction, malpractice or liability, such tragic loss may be considered as a "wrongful death."

Moreover, depending upon your status and right as survivor, you may be eligible to pursue a legal action against the alleged party or considered as defendant, whose negligent / wrongful conduct and/or liability caused the premature death of your loved one.

The suitable legal action to pursue is a wrongful death claim or lawsuit wherein as surviving beneficiaries or dependents, entitles you to claim monetary damages caused by the defendant's irresponsible conduct.

A wrongful death claims is unlike typical negligence lawsuits wherein it is the person directly injured who files claim for the consequent damages. Formerly, based from the "common law" derived from England's wide-ranging legal principles, wrongful death claim is declared non-existent due to the argument that any claim died along with the victim and he or she could no longer be compensated for the damages caused by the wrongful conduct. The surviving spouse and other dependents of the victim also cannot claim for damages from the person or company that caused the victim's sudden death.

Through the years, though, the state governments passed statutes concerning wrongful death and provided compensation for the persons directly affected or damaged by the victim's death. They were also given incentive to act on this matter with care and caution.

Nowadays, all of the states enforce legal actions regarding wrongful death issues.

Wrongful death claims are considered as civil lawsuits and do not involve any kind of criminal charges. Its basic objective is to help the surviving families of killed victims to recover sufficient monetary damages for the expenses incurred like medical bills and burial, lost wages, mental anguish, pain and suffering, loss of companionship and others.

Eligibility in filing wrongful death lawsuit

Who are eligible to recover damages caused by the wrongful death and file such claim?

• Immediate members of the victim's family

– parents – spouse – children

• Some states permit other members of surviving family to file a lawsuit, such as

- stepparents - grandparents - dependents

What you need upon filing a wrongful death lawsuit

If you are among the eligible persons who had been affected by the wrongful death of your loved one, here is the process on how to go about with filing a valid claim.

Search for a lawyer who has an expertise in the settlements and litigation of wrongful death cases.

Legal services of a wrongful death lawyer

• explanation of the personal injury laws and wrongful death statutes • knowledge of the statutes of limitations or the covered period when initiating a lawsuit is allowed • gathering of evidences • completion of required paperwork • building a convincing suit • alleviation of stress and burden

Compensation you may receive for the wrongful death

- Monetary – medical and/or funeral costs, lost wages and benefits, future earnings, lost inheritance, mental anguish, loss of companionship and support

- General damages

- Punitive damages

The other damages may be prohibited or not awarded depending on the state's particular laws.
 

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