What Are the Grounds for Filing a Wrongful Death Lawsuit?
If your loved one passed away as a result of someone else’s wrongful actions, as the representative of the deceased's estate, you are eligible to file a wrongful death lawsuit with the help of a wrongful death attorney in Houston (or one in your local area). This is a special type of lawsuit that is filed when someone dies as a result of the defendant’s negligence. In some cases, wrongful death can be a result of intentional action. Wrongful death laws vary by state, so if you are gearing up to file a lawsuit, there are various things that you should consider depending on your location. Read on to learn the grounds for filing a wrongful death lawsuit.
Common Causes of Wrongful Death
Wrongful death usually occurs as a result of someone's fault or negligence. In other instances, wrongful death can arise from cases that are normally viewed as personal injuries where the victim would file a compensation claim. The following are the common causes of wrongful death.
Medical malpractice
Criminal or intentional killing
Workplace exposure/accident
Defective products
Wrongful death lawsuits require grounds or a legally supportable reason for filing the claim. The surviving members must prove that their loved one’s death was caused by someone’s deliberate act, recklessness, or negligence.
Hire an Experienced Wrongful Death Lawyer
Proving wrongful death can be tricky, especially in cases that involve medical malpractice. Dealing with wrongful death can be stressful and overwhelming, but the good news is that there are compassionate attorneys across the states who will be ready to assist you. If the incident that led to your loved one’s untimely death took place in California, you should talk to wrongful death lawyers in Sacramento to get sound legal advice that can help you recover the fair compensation you deserve. Wrongful death attorneys have experience in dealing with similar cases, which increases your chances of getting a better settlement. Additionally, reputable lawyers will not charge you any upfront legal fees to handle your case until you receive your due compensation.
Recover Economic and Non-economic damages
To win a wrongful death lawsuit, the surviving members must prove that they have suffered measurable damages due to their loved one's death. The claimants can recover economic damages that include money for:
Burial and funeral expenses
Financial support for the survivors who were also dependents to the deceased
Loss of gifts and other benefits
Lost wages that the deceased could have earned during the entire course of their lifetime
Loss of commissions
The economic benefits awarded in a wrongful death claim are determined by the quality of the relationship that exists between the claimant and the deceased. Different measures are considered when calculating the benefits.
Apart from economic damages, the wrongful death claimants can also get compensation for non-economic damages that include the following:
Loss of love, companionship, care, protection, comfort, and assistance
Loss of sexual relations
Loss of guidance and training
If the parents lose a child, they can also claim economic damages given that the deceased could look after them in their retirement. Non-economic damages also apply to parents who have lost their children due to negligence.
Punitive Damages
A wrongful death claim can also include punitive damages to punish the defendant while at the same time deterring the would-be offenders from committing similar offenses. If proven that the defendant intentionally killed another person, punitive damages are awarded. However, it is difficult to prove the intention of the negligent party. The parents will get non-economic as well as economic damages in a wrongful death claim involving a child.
Who Can File a Wrongful Death Claim?
A representative of the deceased’s estate usually files a wrongful death claim on behalf of the survivors. A spouse can also take wrongful death action for the loss of their companion. On the other hand, parents can bring a wrongful death claim if their child dies as a result of negligent behavior. In other states, live-in couples can claim compensation for the death of their partner. However, states can start to disagree when members of the extended family file claims for wrongful death. Distant relationships make it difficult for the claimants to get compensation.
A wrongful death lawsuit usually arises when someone dies due to another person's negligence or wrongdoing. The most common types of wrongful deaths include car accidents, workplace mishaps, intentional murder, or defective products. The victim’s next of kin needs to prove reasonable grounds for filing a wrongful death lawsuit to get a fair settlement. If the deceased was the breadwinner, there is reasonable ground to claim compensation for the loss of financial benefits.
