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Demystifying Wrongful Death Claims


When a person passes away because of the fault of another entity or person, the survivors of the deceased can file a wrongful death claim. An injury attorney can help get compensation for the loss of the survivors such as lost companionship, funeral expenses, and lost wages. The following is a review of what wrongful death claims are, when you can make a claim, who can sue, the elements of a wrongful death claim, and the damages that can be recovered.

What is a Wrongful Death Claim?

A wrongful death claim arises when one dies because of the fault of someone else. Wrongful death claims cover all kinds of fatal accidents. These include product liability cases, medical malpractice cases, and car accidents. Government agencies, companies, and persons can be held liable for acting negligently or intentionally resulting in the death of a person(s).

When Can You Make a Wrongful Death Claim?

A wrongful death law suit arises when a person who would be otherwise injured in killed due to the negligence or intentional actions of the defendant. Here are some examples of when your accident attorney can make a wrongful death claim:

When someone is killed intentionally. A typical example is the OJ Simpson case in which the defendant was accused for the intentional murders of Ronald Goldman and Nicole Brown Simpson.</p>· When someone dies due to medical malpractice. When a doctor is reckless in the level of care they provide to a patient or misdiagnoses a patient leading to their death, a wrongful death claim may be sought against the doctor.· Car accident fatalities caused by negligence. When a victim of a car accident succumbs to their injuries and dies, a wrongful death claim may be sought against the at-fault driver.An injury attorney can pursue a wrongful death claim in almost any sort of personal injury situation. The only exception is when it involves work-related injuries that lead to death. In these cases, you should seek justice under the worker’s compensation system.Who Can Pursue a Wrongful Death Claim?A wrongful death claim should be pursued by a person who represents the interests of the survivors of the deceased. The representative is the executor of the deceased’s estate. Generally, the people who are represented by an executor include:· Immediate family members like children and spouses· Putative spouses, financial dependents, and life partners· Distant family members like grandparents, brothers, and sisters· Persons who are affected financially by the lost support and care of the deceased person· Parents of a dead fetus

What Elements Are Required For a Wrongful Death Claim?To succeed in a wrongful death claim, the following elements need to be satisfied:· The death of a person(s)· The death was as a result of negligence or the intent to harm· Survivors who are suffering from financial injury because of the death of their loved one· The nomination of an executor of the deceased’s estate

What Damages Can Be Recovered in a Wrongful Death Claim?

The damages for wrongful death claims are economical and non-economical damages. Economical damages include medical, funeral, and burial costs, loss of the decedent’s income and inheritance, loss of consortium, love, and companionship, and loss of the services the decedent provided. Non-economical damages are difficult to compute and in most cases include the deceased’s pain and suffering.If you have lost a loved one through an injury caused by the recklessness or malice of another individual, you should hire an accident attorney to help you file a wrongful death claim. While the process is difficult without legal representation, the presence of an attorney will make it easier and more bearable.

  • When someone dies due to medical malpractice. When a doctor is reckless in the level of care they provide to a patient or misdiagnoses a patient leading to their death, a wrongful death claim may be sought against the doctor.
  • Car accident fatalities caused by negligence. When a victim of a car accident succumbs to their injuries and dies, a wrongful death claim may be sought against the at-fault driver.

An injury attorney can pursue a wrongful death claim in almost any sort of personal injury situation. The only exception is when it involves work-related injuries that lead to death. In these cases, you should seek justice under the worker’s compensation system.

Who Can Pursue a Wrongful Death Claim?

A wrongful death claim should be pursued by a person who represents the interests of the survivors of the deceased. The representative is the executor of the deceased’s estate. Generally, the people who are represented by an executor include:

  • Immediate family members like children and spouses
  • Putative spouses, financial dependents, and life partners
  • Distant family members like grandparents, brothers, and sisters
  • Persons who are affected financially by the lost support and care of the deceased person
  • Parents of a dead fetus

What Elements Are Required For a Wrongful Death Claim?

To succeed in a wrongful death claim, the following elements need to be satisfied:

  • The death of a person(s)
  • The death was as a result of negligence or the intent to harm
  • Survivors who are suffering from financial injury because of the death of their loved one
  • The nomination of an executor of the deceased’s estate

What Damages Can Be Recovered in a Wrongful Death Claim?

The damages for wrongful death claims are economical and non-economical damages. Economical damages include medical, funeral, and burial costs, loss of the decedent’s income and inheritance, loss of consortium, love, and companionship, and loss of the services the decedent provided. Non-economical damages are difficult to compute and in most cases include the deceased’s pain and suffering.

If you have lost a loved one through an injury caused by the recklessness or malice of another individual, you should hire an accident attorney to help you file a wrongful death claim. While the process is difficult without legal representation, the presence of an attorney will make it easier and more bearable.

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