What is wrongful death? When an individual died because of the negligence of another person or organization, the surviving family could file a wrongful death claim against the guilty party. When a loved one passes away, there is no legal step that can be taken to lessen the pain the family feels. When that death was preventable and only occurred because of the reckless behavior of another, the situation is even more heartbreaking. Even though no amount of monetary compensation will ever be able to make up for the loss of a loved one, it can still be important to file a lawsuit in order to secure some measure of justice or fairness for the family. If the negligent person, whether they were a drunk driver, careless doctor, or greedy manufacturer, is not held accountable for what they did, the same exact tragedy could affect another family.

Who can file a wrongful death suit? This will somewhat depend on what state you live in and the specifics of your case. However, in every U.S. state, the immediate family is entitled to file a claim. This includes spouses, children (natural or adopted) and parents, as long of the victim was not married. In other states, domestic partners are allowed to file lawsuits for the loss of a loved one. If there were no immediate family members or a domestic partner, then distant family members (such as grandparents and siblings) may have the right to recover compensation. If you lost a loved one that you were financially dependent on but were not related to, you could be entitled to damages. Lastly, if a couple lost a baby during pregnancy because of the reckless actions of another, such as a car accident or slip and fall accident, they could sue for pain and suffering and other damages.

There are a number of different types of situations which could lead to a wrongful death case. For example, if an individual was proven to be under the influence of alcohol or were speeding when they caused the accident, they could be held both criminally and civilly responsible. Another type of accident includes premises liability cases like slip and falls and dog bites. Even though these may not seem like serious incidents, people die from them every year. It is the responsibility of the property owner to ensure that their premises are safe and up to standards. It is also the responsibility of the pet owner to keep their animal away from others if they could prove to be a threat. Product liability cases include both dangerous drugs and defective products that result in the death of the consumer. Whether because they failed to perform adequate testing or they hid potential problems, they could be sued for being careless with the lives of the public.

What types of damages could you claim in a wrongful death lawsuit? The first type, economic, is the most obvious. Medical expenses that your family incurred prior to their passing as well as burial and funeral bills can prove to be overwhelming. Coupled with the loss of the income that the victim would have brought in, the family may be left with no choice but to file a claim. However, other damages can prove to be just as harmful for the family. Money will not be able to make up for the mental anguish and pain and suffering that goes along with the death of a family member, but it can bring a sense of closure knowing that you stood up for the rights of your spouse, parent, or child. It is difficult to have to think about the legal aspects of filing a claim along with dealing with the trauma of a death, so it may be in your best interests to have a personal injury attorney on your side throughout the entire process. It could also improve your chances of getting the settlement you deserve.