Wrongful Death
In personal injury law, wrongful death occurs when a person is killed as a result of the negligence or dangerous actions of another individual or entity.
All 50 states allow for wrongful death lawsuits, with each state having its own specific provisions. However, all wrongful death lawsuits are typically predicated on the following four elements:
- The victim’s death was caused by the conduct of the accused
- The accused was negligent or actively caused the victim’s death
- The victim has surviving beneficiaries and/or dependents
- Monetary damages have resulted from the victim’s demise
Laws governing who can bring wrongful death lawsuits vary by state, but in all states the victim’s spouse, children and parents can bring a wrongful death lawsuit. In the case of minor children, a guardian ad litem may be required to file the lawsuit on their behalf. When pursuing a wrongful death lawsuit, the claimant(s) can expect to be compensated with regard to the following considerations:
- Medical and funeral expenses associated with the death
- Loss of expected earnings between the time of the victim’s death and the victim’s expected retirement or death
- Loss of benefits such as medical coverage and pension plans
- Loss of inheritance
- Mental anguish or pain resulting from the victim’s death
- Loss of protection and companionship due the victim’s death
If your loved one was the victim of wrongful death, you will need to hire an attorney who has experience handling wrongful death claims, especially when professional negotiators from insurance companies are involved. You attorney will help insure that the negotiations end in your favor. Or, if a fair settlement offer cannot be reached, your attorney will help ensure that you receive a fair award by taking your case before the Court.
