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.
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