A wrongful death case can be filed by the survivors of a person who died due to negligence or intentional acts of another.
There are different rules involved in wrongful death case depending on the civil court system of a certain state.
Categories of Damages
There are two major categories to a wrongful death case. The first one is the recovery of damages that was incurred by the deceased during the time of the negligent act that caused the death. The damages that could be recovered in this category include medical expenses, the mental and physical pain and suffering of the deceased person, the funeral and the burial expenses and the lost wages of the deceased.
The next category is the recovery of damages that covers the losses experienced by the survivors of the deceased. This compensates the financial losses suffered by the deceased’s next of kin. This replaces the money that the deceased would have earned if he or she have not died.
There are states that allow loss of consortium claims where the immediate survivors are deprived of the deceased companionship. Just like how children will lose guidance if their parent died.
Who are Awarded?
Usually, wrongful death damages are awarded to the spouse, the children, or the parents. The spouse has claim for the emotional trauma experience due to the death. The children have claims for the comfort and support needed from a parent. The parents also has claim for the emotional trauma and loss of relationship. For the parents to have a claim, their child who died must not be over 18-years-old, which is considered an adult.
To make sure that you get properly compensated for the death of your loved ones due to wrongful death, it is best to consult or hire a lawyer.
Related Articles
Know the Importance of the Affidavit of Merit in Medical Malpractice Lawsuit
If you want to file a medical malpractice lawsuit, you have to file an affidavit with it as required by
What Are The Main Elements to Claim Defamation, Libel and Slander?
Defamation is a false statement of fact that is negligently or intentionally published or communicated to a third party, causing
How Much Medical Records can help you in Personal Injury lawsuit?
Personal injury lawsuit is very expensive and time consuming legal endeavor. This type of lawsuit involves monetary claims for damages
How to get paid for your accidents
Individuals suffer from accidents every single day. Whether it is at home or in the food market, you can be
Arizona insurance claims
To provide risk coverage to the insuree, insurance plays an important role. The Arizona insurance department works under the environment
Personal Injury
In the United States, accidental legal cases make up a large portion of the municipal lawsuits that happens in state
Preserving Evidences of Personal Injury Accidents
To make your injury claim stronger it is necessary that in the first few days following an accident you gather
How to win your personal injury claim?
If you want to get the money you think you deserve for your personal injury claim, there are a few
Determination of fault during an accident
Since payment of damages is the responsibility of the person who was at fault during an accident, it is important
