What to Know About Wrongful Death Action

Personal Injury Lawyer

Wrongful death actions are claims taken against a defendant who caused someone’s death. The cause of death would either be through negligent or intentional means. A wrongful death suit allows for the estate of the deceased to file a lawsuit against the legally liable party. A representative of the estate will file the suit on behalf of family members.

When Can You File Wrongful Death?

If you’re considering a wrongful death claim, you can only do this if a victim would have had a personal injury claim had he or she not died because of the defendant’s act. There are several situations where this is applicable. One example would be if a victim is intentionally killed. In some instances, even if someone is found not guilty by criminal court, a civil court may find them guilty in someone’s intentional killing.

The next common situation is when a victim dies as a result of medical malpractice. This happens when a doctor fails to diagnose a condition or if the doctor Is careless in the level of care that he or she gave the patient. If a death results, you have a case.

The last most common situation is usually due to a car accident. If a victim dies because of injuries in a car accident, then you may bring forward a wrongful death case.

How Can You File a Wrongful Death Claim?

The representative of the deceased’s estate on behalf of survivors have to file the claim. In all states, if you are a spouse, you may file a wrongful death action. Likewise, parents of minor children can. Now, some states dispute which family members can bring a wrongful death suit. For instance, in some states, a parent of an adult child may not be able to file suit. The more disconnected the family relationship, the less likely you can collect damages.

What Damages Do You Receive?

When it comes to a wrongful death action, the survivors claim a variety of damages. These are as follows:

  • Loss of inheritance
  • Loss of care that the deceased provided
  • Loss of companionship
  • Loss of consortium
  • Value of services that the deceased provided
  • Medical costs
  • Funeral and burial costs
  • Pre-death pain and suffering

When someone dies as a result of someone else’s negligence or through intentional means, a lot is lost. These actions can encompass several damages.

When it comes to wrongful death action, there are a lot of complexities involved. If you have a family member or loved one who was killed, then you may want to consider a wrongful death suit. Contact a wrongful death lawyer for more information

Source: Personal Injury Lawyer Wytheville, VA, The Law Offices of Mark T. Hurt

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