What Is Wrongful Death Claim?

Wrongful Death Attorney

A wrongful death claim is brought against a person or company who causes someone death through negligence or intentional harm. A wrongful death claim is generally brought by the beneficiaries or the estate of the deceased person. Wrongful death claims are only applicable in certain situations. You may want to take your case to a wrongful death attorney to determine the best way to proceed under the laws in your state.

What Constitutes a Wrongful Death Claim?

When a person is killed because of negligence or intentional harm, much like a personal injury case, a wrongful death lawsuit may apply. Examples include:

  • The victim is intentionally killed.
  • The victim dies due to medical malpractice.
  • Car accidents involving negligence.
  • Personal injury situations in which someone dies.

One exception is that work injuries are generally handled through the workers’ compensation system, not personal injury lawsuits.

Bringing a Wrongful Death Claim

In a wrongful death lawsuit, the plaintiff has the burden of proof. The plaintiff is usually the beneficiaries or estate of the deceased person. The plaintiff must show that the defendant was negligent and as a result, the victim died. The legal elements are determined by the type of accident. An attorney who is well-versed in wrongful death claims can be a valuable asset to your case.

Who Can File a Wrongful Death Claim?

Each state has different requirements about who can bring a wrongful death lawsuit against the defendant. Typically, it must be the beneficiaries of the deceased person, such as the spouse, children, parents or siblings. Some states require the estate to file the wrongful death lawsuit. In that case, a representative of the court or the executor of the estate would file the case. Once settled, the money would be placed in a trust to be distributed to the beneficiaries.

What Is a Wrongful Death Claim Worth?

Damages in a wrongful death claim are unique to each case. It depends on a number of factors, such as the age and education of the person who died. The settlement should include medical costs that were incurred prior to death due to the injury and funeral and burial costs of the individual. The lawsuit may ask for damages due to the loss of relationships, also called loss of consortium. You should take into account the loss of wages and inheritance the deceased may have provided to the family.

Get Legal Guidance From an Experienced Attorney

A wrongful death lawyer can provide assistance through the legal process to help you figure out what steps are right for your case. Contact an experienced personal injury attorney today.

Source: Wrongful Death Attorney Wytheville, VA, The Law Offices of Mark T. Hurt

Close Menu