The term, “wrongful death” refers to the unfortunate tragedy where someone dies or is killed as a result of another’s negligent actions or willful misconduct. In these extreme cases, family members have the additional burden of figuring out how to survive financially. Especially, without the income, benefits and/or support that their loved one had provided. Fortunately, our legal system affords an opportunity, through wrongful death settlements, for the surviving family members of the decedent to recover from the emotional and financial losses that they have endured.
Therefore, 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 because a person has lost their life due to another party’s negligence or deliberate act. Also, the death has had a direct impact on the surviving family members, both emotionally and financially.
Who Can Apply For Wrongful Death Settlements?
Only certain people qualify 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 to be successful, the decedent’s family members need to establish a couple of things.
They need to first prove that the victim’s death was in fact the result of another entity’s recklessness, negligence or deliberate act and not by the victim’s own action or inaction. The surviving heirs then need to demonstrate that they are suffering 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. Plus, 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 qualify to file a wrongful death lawsuit, call the experienced lawyers at Marc J. Shuman & Associates, LTD. today at (800) 722-9744 for a FREE consultation regarding your case.