Wrongful death is a legal claim that occurs when a person dies due to the wrongful act, neglect, or default of another party. The estate of the deceased person or any immediate family member could bring this type of lawsuit to recover damages for the losses they’ve suffered due to the death.
Critical aspects of wrongful death claims include:
1. Legal Basis: These claims are statutorily created, as common law traditionally did not allow such actions.
2. Eligible Plaintiffs: Typically, immediate family members (spouse, children, parents) or the personal estate representative, who is responsible for managing all of the deceased’s assets and liabilities, can file the lawsuit.
3. Defendants: This may include individuals, companies, or government agencies whose negligent or intentional actions led to the death.
4. Proving the Case: Plaintiffs must demonstrate that the defendant’s actions or negligence directly caused the death and that family members have suffered damages.
5. Types of Damages:
– Economic: Lost wages, benefits, and future earnings of the deceased
– Non-economic: Loss of companionship, guidance, and emotional support
– Punitive damages in cases of egregious conduct (in some jurisdictions)
6. Statute of Limitations: There are strict time limits for filing wrongful death claims, which vary by state.
7. Distinction from Criminal Cases: Wrongful death is a civil action separate from any criminal proceedings related to the death.
Wrongful death claims can arise from different situations, such as medical malpractice, car accidents, workplace incidents, product liability, and criminal acts. These cases often involve complex damages calculations, considering the deceased’s life expectancy, earning capacity, and relationships with survivors. The process of calculating damages involves a thorough assessment of the deceased’s potential future earnings, the financial and emotional impact on the immediate family members, and the circumstances of the death.
The primary purpose of wrongful death lawsuits is to provide financial support to family members affected by the loss and to hold responsible parties accountable for their actions. While no amount of money can compensate for the loss of a loved one, these claims aim to alleviate the financial burden on surviving family members and serve as a deterrent against negligent behavior.