Wrongful Death Claim - Justice to Both Victim AND Family

2007-03-08 10:33:40

( Legal )



"Wrongful death" is a type of lawsuit which alleges that the victim died or was killed as a result of negligence, malpractice or other acts committed by another party (called the defendant), except for intent to commit murder. Once proven, wrongful death entitles the surviving dependents or beneficiaries monetary damages resulting from the defendant's conduct.

Conditions for Filing Wrongful Death Claim

The death must have been caused, in whole or in part, by the defendant's conduct, even though there was no direct intention to kill the victim. The defendant must have been deemed negligent or strictly liable for the victim's death. Also the deceased has dependent party such as family members who have suffered from emotional and monetary damages as a result of the death.

Most common wrongful death cases arise from accidents, medical malpractice, or unsafe products.

Who Can File Wrongful Death Claim

Generally, qualified plaintiffs are immediate family members like spouses, dependent children and parents of the deceased. Minors under age 18 may require a guardian to represent them. Some states have also extended this qualification to grandparents, legal dependents and members of the extended family.

When to File the Claim

You need to file a wrongful death claim within a certain deadline, which is counted either from date of death or date when the death has been established as being a result of the plaintiff's actions or negligence.

Recoverable Damages

In wrongful death cases, plaintiffs may be able to recover damages such as medical treatment and funeral expenses, loss of inheritance, loss of benefits or compensation (medical coverage, pension, etc), pain and suffering, and most especially, loss of anticipated earnings that would have been available to the plaintiff if the victim was still alive. This last item is also known as future loss of earnings.

The future loss of earning is calculated based upon life expectancy tables to project the amount of the victim's earnings and other benefits which would have been earned until his retirement if he had not met an untimely death.

Some states also allow you to file punitive damages, in order to punish the defendant. The court may award you punitive damages if you're able to prove that the victim's death was caused by deliberate or malicious intent by the defendant.

If you believe that a loved one has been a victim of wrongful death, do consult a personal injury or a wrongful death attorney immediately. Prompt action can help locate the right witnesses and evidence you need to seek justice for your loved one's death.


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