When a person causes someone’s death by either holding an intention to do so or not, that person is eligible for a wrongful death claim against him/her. A wrongful death claim is applicable when because of the defendant; the victim who otherwise would’ve filed a personal injury gets killed due to intentional or negligent act.
Various circumstances may account to a wrongful death claim, like when the victim gets killed intentionally, the victim is dead because of wrong medical practice or a medical accident, negligent car riding that leads to the victim’s death. While any personal injury situation can give rise to a wrongful death claim, there is an exception to the rule. When work injuries give rise to death, it needs to be handled through worker’s compensation system.
Usually, any representative of the deceased victim’s estate can file wrongful death claim on behalf of the victim’s family members. But for every state, people who can bring a wrongful death claim vary. In every state, the victim’s spouse can bring the wrongful death claim. Parents of a minor can claim for their child’s wrongful death and same goes the other way round.
The matter of conflict for states is whether parents can claim for wrongful death of adult children and if the adult children can claim for wrongful death of their parents. Also, it varies whether grown siblings and distant relatives can claim for a victim’s wrongful death. Basically, the more distantly related the person trying to file wrongful death claim, the harder it becomes to be able to file the claim.
There are a few categories of losses which can bring compensation to the person bringing wrongful death claim. The survival claim- which means the victim’s pain and sufferings prior to his death in a wrongful death claim, prior to death, any medical expenses that the victim had been charged, burial and funeral costs, loss of expected income for the victim, etc. can get a compensation for the person filing claim.
Attorneys at The Nielsen Law Firm provide the surviving family members of victims with legal representation as well as unconditional support and compassion. If you are looking for more information, or need any help with a wrongful death claim or survival claim, you can contact them through their website. The firm provides initial consultations for free and provides attorneys for a number of other areas.