Wrongful death claims refer to a claim that can be lodged against a person who is held responsible for the death of a person. As per the statute of the law, such claim can be brought to action by the near and dear ones of a death victim. Any such incidents that cause the death of a person because of another person’s wrongful act can be considered for claiming a wrongful death. Deaths occurring due to incidents like negligence while driving, medical malpractice, dangerous roadways and defective vehicle are considered for wrongful death claims. A personal injury attorney is the best person to seek help in such conditions.
It however, does not include any such incidents that occur due to the presence of a person in a wrong place at wrong time.
When is a Death considered as a Wrongful Death?
- When the driver is drunk or distracted and has hit a vehicle unsuspectingly.
- When malpractice is observed in heavy duty equipments.
- Death in swimming pool due to absence of fence which was supposed to be arranged for by the property owner.
- Death of a patient due to the negligence of staffs in a hospital or negligence in treatment of a patient.
- Wrongful lethal force by police officers.
Who can file a Wrongful Death Claim and What will he/she receive?
Wrongful death claims can be received by either the spouse of the dead person, his/her child or parent or the person who represents the estate. Death claims can be of two kinds: traditional and estate. The claims are given directly to the estate from which they are divided amongst the surviving members of the family. The claims may be received in the form of financial loss undergone by the family members against what could have been earned by the person if he/she survived. Financial loss also includes the expenses incurred for the treatment of the deceased person immediately prior to death and funeral expenses. It may be received in the form of non-economic loss which is provided in the form of compensation for the loss of personal care, emotional support or companionship. Such a case can be filed within two years from the occurrence of the mishap. In certain cases the victim might have to struggle a lot prior to his death. In such cases the time counted for claiming goes back to the time of his/her injury.