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 cases depending on the civil court system of a specific state.
Categories of Damages
There are two major categories to a wrongful death case. The first one is the recovery of damages incurred by the deceased during the negligent act that caused the death. The injuries that could be recovered in this category include medical expenses, the deceased person’s mental and physical pain and suffering, the funeral and the burial expenses, and the deceased’s lost wages.
The next category is the recovery of damages that covers the losses experienced by the survivors of the deceased. Finally, it compensates for the financial losses suffered by the deceased’s next of kin. It replaces the money that the deceased would have earned if they have not died.
Some states allow loss of consortium claims where the immediate survivors are deprived of the deceased companionship. Just like how children will lose guidance if their parents died.
Who is Awarded?
Usually, wrongful death damages are awarded to the spouse, the children, or the parents. The spouse has claimed for the emotional trauma experienced due to the death. The children have claims for the comfort and support needed from a parent. The parents also have claims for the emotional trauma and loss of a relationship. For the parents to claim, their child who died must not be over 18-years-old, which is considered an adult.
To make sure that you get adequately compensated for the death of your loved ones due to wrongful death, it is best to consult or hire a lawyer.