Facts about Wrongful Death Claims

Wrongful death is brought about by the negligence of another party, and the deceased person’s beneficiaries can file a claim with the guidance of a wrongful death attorney. A wrongful death suit is related to a criminal charge against a defendant that caused the death by deliberate actions or a planned accident.

A close family member files the claim to the deceased on behalf of all other heirs. For example, if the deceased person had a will, the plaintiff is the personal representative of their estate.

Circumstances in which a wrongful death claim is applicable

Wrongful death occurs in various situations that include:

• Intentional killing. When a person chooses to terminate another life intentionally, it constitutes wrongful death and qualifies for a wrongful death claim.
• Accidents involving negligence. The driver’s negligence causes some car accidents, and if such an accident leads to death, it attracts a wrongful death claim.
• Medical malpractice. A doctor may be careless and fail to uphold the duty of care and skill in the diagnosis and treatment process. If death occurs due to negligence, the doctor will be liable in a court of law.

Evidence in wrongful death lawsuit

The success of wrongful death claims is determined by various elements that the plaintiff must prove. These are;

Cause. The plaintiff must prove to the jury that the defendant’s breach of duty is the leading cause of death. Your wrongful death attorney should present evidence beyond reasonable doubt that the defendant’s actions led to the demise.

Duty of care. The lawyer has to prove that the defendant was able to act responsibly but neglected their duty of skill. It may involve a careless driver who has a duty of protecting people on board by driving safely and following the set rules and regulations. It could also involve a doctor who acted negligently in the treatment process, where they would have upheld professionalism.

Breach of duty. Upon proving that the defendant had the duty of care, there must be evidence to show that the defendant acted contrary to their duty of care and skill, leading to the loss of life.

Wrongful death claims are filed by a representative of the deceased on behalf of other survivors who had close ties with the deceased. Many states allow a spouse to file a claim on behalf of the family. If the victim is a minor, the parents can bring a wrongful death action.

Settlement of wrongful death claims

It is the amount of money paid to resolve a wrongful death claim. The claim aims at compensating the beneficiaries and holding the responsible party liable for the demise of a loved one, and the complaint constitutes civil law. A wrongful death settlement depends on the circumstances surrounding the case. All cases have their unique values of average compensation that depends on the occurrence and the law that applies to the case.  

The amount of compensation varies with the facts of the case and the characteristics of the deceased. For example, the amount of compensation depends on the age and health of the victim, burial expenses, the needs of surviving beneficiaries, and the future financial support that the deceased would have provided.

The surviving members of the family may receive damage that relates to the loss of a loved one. Damages may also involve non-measurable aspects such as pain and suffering and loss of parental guidance. It is commendable to hire an experienced attorney in the event of wrongful death. They help you to file the claim and get the necessary compensation. The claim may not erase the emotional trauma and pain but eases the burden of financial liabilities facing the family.