Wrongful death is a claim against an individual who can be held accountable for a death. The close relatives of the victim have the responsibility of bringing the claim into civil action.
According to Impact Law ford and associates, about 98,000 Americans die every year because of medical errors which are otherwise preventable. Filing a wrongful death case can be the only way to get justice and compensation for your loss. This lawsuit is not only confusing, but it can be complicated.
When can death referred to as “wrongful death?”
Someone is a victim of a wrongful death if s/he dies because of recklessness, negligence, or wrongful acts. In simple terms, wrongful death cases are personal injury cases involving the death of a victim. It is important to note that these lawsuits are always filed by the victim’s relatives.
Wrongful death lawsuits are similar to an auto accident, medical malpractice, or premise liability lawsuits. They are civil issues; thus they are heard in a civil court. If you intend to file this kind of lawsuit, consider seeking help from professionals such as Rockford wrongful death attorney.
Who should file a wrongful death case?
Children, dependants of the victim, or spouses can file this kind of case. The individual filing the claim has the responsibility of accounting for the settlements awarded. At times, the personal representative of the estate of the victim need to file the lawsuit in place of the Estate and not the individual family member.
A personal will and surrogate’s court appoint a representative to deal with the matters of the estate. Surrogate’s court approves settlements associated with wrongful death action.
What kind of proof do you need to establish a claim?
To start a wrongful death claim, you should submit proof of the following:
- Recklessness, negligence, or wrongful acts of the party at fault
- Death
Without a concrete proof of these cases, the claim is likely to face denial.
What are the possible recoverable damages?
Wrongful death cases allow recovery of damages like:
- Burial and funeral expenses
- Healthcare or medical expenses associated with the victim illnesses or injuries
- Suffering and pain experienced by the concerned individual from the time the victim got the injuries to the time s/he died
- Value of services and support given to the immediate family of the victim
- Lost inheritance
Individual family members can’t file a claim demanding compensation associated to their pain, suffering and grief. The court tells jurors not to issue any award of mental anguish, injury feelings, loss of companionship, or sorrow. However, you can get services such as lost wages or grief counseling from this kind of a claim.
When should you file a wrongful death lawsuit?
This may vary from place to place. In New York, a person cannot file a lawsuit two years after the death of the victim. However, if you are a young child of the victim, you can file a wrongful death claim when you become 18 years of age.
Conclusion
Wrongful death lawsuits are not as simple as they seem to be. If you have lost your loved one and you intend to file this kind of lawsuit, consider doing an extensive research. This will help you know the procedures to follow. Most importantly, you will know the approximate amount for compensation.