A wrongful death claim can be the result of a wide host of actions that include a car accident, product liability or medical malpractice. When such instances arise, next of kin to the surviving spouse can bring about the wrongful death lawsuit on behalf of the deceased.
Types of Damages In Wrongful Death Claims
Future earnings, loss of companionship, medical bills, pain and suffering and punitive damage can be included depending the details of the particular situation.
Wrongful Death Claims: Meeting Four Elements
Although it varies from state to state, every state does have a wrongful death claim action that they adhere too. Although state “wrongful death statues” was drafted independently, they follow the same general principles:
- The death was caused, in whole or in part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, dependents or beneficiaries; and (4) monetary damages have resulted from the victim’s death.
Please remember that the above are general principles, speaking to an experienced attorney in your state that is familiar with your state statute is suggested.
Who can Sue in a Wrongful Death Claim?
A suit can be brought against companies, employers, persons and more.