What Is A Wrongful Death Claim?

Article By Patrick Mansfield | Best Rated Law Firms | 02/03/2023

Article Summary

  • What Is A Wrongful Death Claim

    1. Wrongful death claims are a type of civil action that the surviving family members or estate representatives may bring against someone responsible for causing a death.


    2. Wrongful death claims cover any type of negligent act that leads to an untimely death, such as a car accident, medical malpractice or product liability.


    3. The purpose of a wrongful death lawsuit is to hold the responsible party accountable for their negligence and to provide financial compensation for the surviving family members who are grieving their loss.

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A wrongful death claim is a civil action that seeks compensation for the surviving family members of a person who has suffered a wrongful death due to the negligence or intentional act of another person, organization, or company. There are several specific elements to wrongful death claims that can help families recover not only monetary damages but also damages such as pain and suffering.


Wrongful Death Claims vs. Criminal Lawsuits


Wrongful death claims are distinct from criminal lawsuits, which involve punitive measures against wrongdoers and aim to punish them for their actions. Wrongful death lawsuits are civil actions that seek monetary damages for losses that the deceased’s family has suffered due to their untimely loss.


Elements of Wrongful Death Claims


There are four primary elements in most wrongful death lawsuits: duty, breach of duty, causation, and injury. In short, a court will assess whether the defendant had a legal obligation to the deceased (duty), failed to fulfill that obligation in some way (breach of duty), caused harm as a result (causation) by their negligence or intentional act (injury). The burden of proof is on the plaintiff to demonstrate these elements in order to win a wrongful death case.


Compensation In Wrongful Death Claims



Families affected by wrongful deaths may be able to receive compensation in various forms depending on the circumstances surrounding their loved one’s passing. Families may recoup any medical expenses incurred before their loved one’s passing as well as funeral costs and lost earning capacity due to their loved one's premature passing. They may also pursue money for emotional distress or even punitive damages if it is proven that the defendant acted recklessly or intentionally caused harm.


Conclusion


Wrongful death claims are complex legal matters with significant implications for all those involved and should be pursued with caution and under expert guidance from an experienced lawyer. With proper representation, however, families affected by wrongful deaths may have an opportunity to gain some closure while collecting much-deserved compensation along with justice after enduring such a tragic event.


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