Post By: Rajesh Chakrabortty
A wrongful death occurs when someone dies due to another person’s or entity’s wrongful actions, such as negligence, carelessness, criminal conduct, or intentional action. Suppose a loved one dies as a result of someone else’s wrongful actions or those of a corporation. In that case, their surviving family members have a legal right to seek financial compensation by filing a wrongful death lawsuit. Discussed below is what you need to know about wrongful death claims.
Who has the right to file a wrongful death claim?
Although every state has laws that specify the right to compensation for wrongful death, the specifications on who is allowed to file the claim differ by state. However, the following can bring a wrongful death claim:
- Immediate family members: They include the victim’s spouse, parents, and children. They’re the people who experience the most direct impact (financially and emotionally) following the wrongful death of a loved one. Legal guardians: If the late was under legal guardianship or a minor, the guardian can sue for damages
- The deceased’s financial dependants: Some states may allow those who were financially dependent on the deceased, including putative spouses and life partners, to bring the wrongful death claim
If it’s your legal right to file a wrongful death claim, it’s important to understand wrongful death law and your rights. A skilled attorney, such as an Atlanta wrongful death lawyer, can help you navigate the complexities of these lawsuits and ensure fair compensation.
Types of damages awarded in wrongful death claims
There are various categories of damages you may be awarded in a wrongful death claim, including:
Economic damages
Economic damages are the quantifiable or tangible losses suffered by immediate family members and other dependants. They include:
- Medical expenses related to the victim’s illness or fatal injuries
- Burial and funeral expenses
- Loss of the late’s future earnings
- Loss of inheritance
- Loss of benefits like pension and medical insurance
Non-economic damages
They involve the intangible losses the family of the deceased suffers, including:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of consortium
Punitive damages
Unlike non-economic and economic damages that compensate for specific losses, punitive damages act as a financial punishment against the defendant to prevent similar conduct in the future.
Key elements to establish legal liability in a wrongful death claim
To successfully establish legal liability in a wrongful death claim, you must demonstrate the following elements:
- Duty of care: When proving liability, you must first demonstrate that the accused owed a duty of care to the late
- Breach of duty: Upon establishing the duty of care, you must show that the defendant breached it
- Causation: You must prove that the breach of duty had a direct connection to the death of your loved one
- Damages: You, as the plaintiff, must showcase that the death led to economic and non-economic damages
Evidence required to prove liability in a wrongful death claim
To prove liability in a wrongful death case, you must provide strong, relevant evidence, including:
- Medical records showing any medical treatment received and cause of death
- Incident reports: Any official documentation of the accident, including police reports
- Expert testimonies: Forensic experts, medical specialists, and others can provide vital insights
- Witness statements: These are testimonies from witnesses of the incident or those with relevant information
- Video and photographic proof of the injuries, defective products, or scene
Endnote
Handling wrongful death claims isn’t easy, especially without the necessary skills. Familiarize yourself with what you need to know about these cases to ensure a seamless process.
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