The death of a loved one can place tremendous financial and emotional burdens on family members. The emotional aspect can be even worse if your loved one died as the result of someone else’s negligence or intentional action. In this case, it may be possible to file a claim with the help of a wrongful death attorney in order to recover damages.
Types of Wrongful Death Cases
Motor vehicle or pedestrian accident: these cases involve an accident that results in death because a driver was operating his or her vehicle recklessly. It can include cases where a driver caused the death of someone in another car, their own passenger, or a pedestrian.
Medical malpractice: this type of case involves a healthcare professional’s action or inaction that led to your loved one’s death. This can include a failure to diagnose a medical issue or errors in surgery or treatment. Generally, the health care professional’s treatment of your loved one will need to fall below accepted standards of care in order to prove a case.
Workplace incidents: this includes industrial accidents as well as homicides that occur in the workplace if security was inadequate.
Unsafe products: unsafe products can be the result of negligence in its design, manufacture, or testing. Some examples of unsafe products include prescription drugs, autos (including parts such as air bags), and contaminated food.
Unsafe premises: a property owner is responsible for making sure his or her home, store, or other premises are safe for guests, customers, and employees.
Intentional acts: this includes acts such as murder or manslaughter. These types of cases can also be tried in criminal court, but no damages will be awarded in a criminal case. Even if a criminal case has been filed, a loved one can also pursue a civil wrongful death case to recover damages. In addition, it may be easier to prevail in a civil case since the burden of proof is lower than in a criminal case.
Who Can File a Wrongful Death Claim?
Generally, a family member or a representative of the deceased’s estate can make a wrongful death claim with the help of a wrongful death attorney. This usually includes the following people:
- The surviving spouse
- Minor children
- Parents of a minor child who passed away
What Type of Damages Can Be Recovered?
If a claim is successfully settled out of court or if a court rules in your favor, you may be able to collect damages for some of the following:
- Medical bills incurred by the deceased
- Funeral expenses
- Loss of future financial support
- Loss of companionship
- The deceased’s pain and suffering, if they didn’t die immediately but instead were in physical or mental pain until their death
The court can also choose to award punitive damages to punish the defendant if their conduct was particularly reckless or heinous.
Getting Help from a Wrongful Death Attorney
A loved one’s death can bring significant, ongoing changes, and while nothing can bring them back, legal action may be able to provide you with money to pay medical bills and other expenses related to their death.
If a loved one has died as the result of someone else’s negligence or intentional act, consult a wrongful death attorney to determine if you may be able to recover damages.