Losing a child, parent, or partner due to negligence can be very devastating. Unfortunately, unintentional or wrongful death is one of the leading causes of fatalities in the United States.
The law allows the victim dependents to sue the at-fault party for their negligence. However, while a lawsuit cannot bring the loved one back, it can help hold the negligent party accountable and also prevent similar mistakes from happening again. A wrongful death claim is a civil action that stems from the injuries that cost the victim their life.
Several laws govern wrongful death claims. These laws vary from state to state. To know if you have a valid claim, you should consult a wrongful death law firm in Orange County, California, or a reputable law firm near you. These firms have experienced lawyers who will advise you on what you should do, inform you of the state’s laws, and also help you file a lawsuit if you have a valid claim.
Here is what you need to know about wrongful death lawsuits.
When Is the Claim Applicable?
These claims are brought against a defendant whose actions contributed to the victim’s death. This can be in the form of intentional actions or through negligence. The claim or lawsuit is applicable when the victim could have had a valid personal injury claim if they were still alive.
Wrongful death can occur in several situations such as medical malpractice, car accidents, workplace accidents, property liability, defective products, dog injuries, boating accidents, and more. They can also be applicable if the victim was intentionally killed and if the case or circumstance involves any form of negligence. Several exceptions can apply in some cases according to state laws. Your attorney will advise you on the exceptions and what you should expect.
Who Can File the Lawsuit?
The lawsuit can be filed by the representative of the deceased estate on behalf of their dependents. Some states allow immediate dependents such as spouses, romantic partners, children, or parents of minors to make a claim.
The laws on who can file the lawsuit vary from state to state. Before you make a claim, it is vital to know who can successfully file the lawsuit to avoid a denial. Note that several states do not allow grandparents, cousins, uncles, aunts, or parents of adult children to sue for wrongful death.
The Burden of Proof
To hold the defendant liable, the plaintiff must meet the same burden of proof that the victim would have if it were a personal injury case. This means proving that the defendant had a duty of care and they breached it. They should also prove that the breach of the duty of care is directly responsible for the victim’s death. If the defendant was negligent, but their actions did not cause any injury or death, they cannot be held liable for wrongful death.
Damages in a Wrongful Death Claim
In this case, the damages include the losses that the victim’s dependents can receive as compensation:
- Medical costs
- Pain and suffering the victim had to endure before their demise
- Funeral costs
- Loss of consortium
- Loss of expected income
- Loss of companionship and love
- Loss of inheritance
- Loss of guidance and care
- The loss of value that the deceased would have added to their family
Consult a Wrongful Death Lawyer
If you have a wrongful death claim, you may be eligible for compensation. However, these cases are challenging and demanding. You will need the help of an experienced wrongful death lawyer in your area to review your claim. If you have a valid claim, your lawyer will help you file a lawsuit and gather evidence to prove a breach of duty of care to ensure that you get fair compensation for losing your loved one.
