The term, “wrongful death” refers to the unfortunate tragic where someone dies or is killed as a result of another’s negligent actions or willful misconduct. In these extreme cases, family members become saddled with the additional burden of figuring out how their family will get by financially, without the income, benefits and/or support that their loved one had provided. Fortunately, our legal system affords an opportunity for the surviving family members of the decedent to recover from the emotional and financial losses that they have endured. With the help of a wrongful death lawyer, the decedent’s heirs and other beneficiaries may be eligible to file a lawsuit against the people or companies responsible for the victim’s death. Wrongful death claims can be rightfully established, not only because a person has lost their life due to another party’s negligence or deliberate act, but because their surviving family members have also been directly impacted, emotionally and financially as a result of their loved one's death.
Only certain people are entitled to file a wrongful death suit. They include the decedent’s spouse, parents (biological or adoptive), children (biological or adopted) and their estate executor. In order for negligence cases such as these to be successful in bringing about wrongful death settlements, the decedent’s family members need to establish a couple of things up front. It needs to first be proven that the victim’s death was in fact caused by another entity’s (a person or company) recklessness, negligence or deliberate act and not by the victim’s own action or inaction. When that is proven, the surviving heirs then need to demonstrate that they have suffered measurable damages due to the family member’s wrongful death.
Wrongful death claims may arise from many different circumstances. Some common grounds for these kinds of cases include medical malpractice, a work-related death, occupational exposure to hazardous substances or conditions, accidental death caused by a car or airplane accident, an unlawful act during the commission of a crime, and death occurring during a supervised activity. Every case is different, and there are several types of compensation or damages that may be awarded in wrongful death settlements. A judge or jury makes the final decision, but some examples would be coverage for: medical bills; funeral and burial costs; lost retirement, pension or insurance benefits; unearned future wages; punitive damages and compensation for pain and suffering. If you believe you are entitled to file a wrongful death lawsuit, call the experienced lawyers at Marc J. Shuman & Associates today at (800) 722-9744
for a FREE
consultation regarding your case.