Wrongful death claims involve the sudden loss of a relative through wrongful acts usually brought about by negligence on the part of the person liable for the incident. Claims such as these are usually sought after by the immediate family of the deceased. These people can be the following: siblings, parents, close relative, and/or members of the estate of the deceased.

Grounds for Wrongful Death Claims

There are several grounds or reasons for relatives to seek wrongful death claims. One of the leading causes of wrongful deaths is automobile accidents. Negligence and personal injury accidents, which can lead to serious health risks thus causing death, are also grounds for wrongful death claims.

Dependents of a deceased employee, who died while on the job due to negligence on the part of the employer, can also file a wrongful death claim. Other grounds for the claim also include death from defective and dangerous consumer products and fire.

Wrongful Death Damages

Surviving relatives of the decedent can seek financial damages from the party responsible. These damages are classified into two categories: compensatory and punitive damages.

Firstly, compensatory damages are awarded by the judge or jury intended to repay the dependents or relatives of the decedent for incurred expenses, like medical costs, funeral and burial expenses and others. Compensatory damages are usually determined after procurement and presentation of receipts from the incurred expenditures.

Punitive damages, on the other hand, are awarded when the death of the victim has been proven to be the result of the party’s intentional and negligent acts. These compensations are intended to serve as punishment for the offenses of the defendants and as a reminder to future offenders. More so, punitive damages can be added to any existing compensatory damages.

Hiring a Representation

Seeking the help of an experienced lawyer can help provide legal counsel and appropriate representation. A wrongful death lawyer can help determine the course of action that can provide the utmost effectiveness.

Filing a Claim

Filing for a wrongful death claim may vary depending on state laws. For instance, if a minor is involved, the state requires a guardian ad litem or presence of a legal guardian to look after the interest of the minor in the lawsuit.  Additionally, if the defendant is also a member of the family of the decedent, he or she cannot be sued by another family member even though he or she is subject to criminal penalties.