A wrongful death claim is a lawsuit filed by the living family members or loved ones of the victim who got killed due to the negligent behavior or a deliberate act of someone. Such a lawsuit is filed against the person or a group of persons who are thought to be responsible for the death of the victim. The most important thing about a wrongful death claim is evidence supporting the fact that the individuals who are filing the claim are affected by the death of the victim. One of the essentials of a wrongful death claim is the monetary damage that extends from medical and funeral expenditures to loss of future income and benefits. The mentioned damages are normally covered through Damages Awarded in a Wrongful Death Lawsuit.
The common law does not allow these claims. The common law includes principles that were passed from England to the United States over many centuries. Wrongful death claims started after wrongful death laws were passed in all the states. According to the common law, wrongful death claims used to die with the death of the victim and the loved ones did not have the right to file for compensation.
All of the states have wrongful death decrees today. Some of the elements are essentially mentioned in each of the State’s Laws. While filing a claim, certain things must be shown by the survivor. These are:
- The party or individual being sued must be responsible for the death of the victim
- The party or individual being sued must be either careless that resulted in the death of the victim or is responsible as a matter of law (strict liability)
- The individual who died left behind his or her dependents or beneficiaries like spouse or children
- The death resulted in monetary losses of the victim’s dependents for which compensation is required
Wrongful death could result or be caused by a variety of different factors such as the following:
- Auto accidents
- Pedestrian or Bicycle Accidents
- Faulty products
- Death as a result of attack by dogs
- Train accidents
- Construction site accidents
- Slip/trip and Fall Accidents
Wrongful death claims have proven to be powerful enough in order to hold corporations and big manufacturers responsible for any of their faulty products. For instance, if the death of a child resulted from the faulty products of a company like toys, cribs, baby beds, car seats or other products used by children, the company that manufactured the product will be held accountable for the death of the child. Manufacturers are required to pay substantial monies in order to compensate for the death that resulted because of their faulty products. This also helps ensure that the company will stay more cautious in the manufacture and experimentation of future products.
If someone has lost a loved one as a result of negligence or deliberate act of someone, they may contact a wrongful death attorney. Most attorneys offer free initial consultation.