So what constitutes wrongful death? According to the law, wrongful death occurs when a person dies because of the negligence, willful or wrongful act of another. A wrongful death lawsuit is filed when the family of the deceased victim seeks compensation to recover the following losses:

• the loss of love, companionship, comfort and moral support of the deceased
• the value of household contributions the deceased would have provided in the future
• the value of financial support the family would have received if not for the decedent’s passing

When a loved one has passed on, the people who may file a wrongful death suit are initially limited to the deceased’s surviving spouse and children. The survivors can either file the suit jointly, or separate from one another. If the above do not exist as survivors, the following family members are then eligible to file a wrongful death claim:

• parents
• brothers and sisters of the deceased
• then the children of deceased brothers and sisters;
• grandparents;
• and then their lineal descendants

A second group is eligible to file the claim if the above survivors do not exist. These are:

• putative or common law spouse
• children of putative spouse
• stepchildren
• and parents of the deceased

This second group must also prove that they were dependent upon the deceased when the death occurred.

There are a number of situations that can be considered wrongful death. The most common cited within lawsuits filed are:

• malpractice on the part of a healthcare practitioner
• nursing home deaths where abuse or neglect was the root cause
• transportation accidents including those that involve autos or forms of public transportation like busses, planes, and even trains.
• exposure to unsafe or harmful substances or dangerous conditions in the workplace resulting in death
• lack of supervision which resulted in death in what should have been a safe situation like a field trip.

A claim filed for wrongful death indicates that the deceased suffered loss of life as a result of negligence by the defendant. The claim would also state that the individual’s close family members deserve some financial compensation because of the defendant’s actions. The individuals most commonly receiving compensation are surviving spouses and children. A wrongful death suit can only be brought to court by someone who represents the deceased’s estate, but sometimes, claims can also involve injury to the individual as well as expenses that occurred before death.

The primary way that damage claims get awarded is called pecuniary or financial injury. Courts have usually interpret this in one of several ways:

• there is a loss of financial support involved
• the possibility of an inheritance is lost
• expenses as the result of medical or funeral bills are incurred

Damages may also include interest from the date of the victim’s death. Punitive damages may be awarded in cases of malicious wrong-doing as punishment for the defendant and to discourage others from acting in the same manner. The financial awards in the case end up in the hands of the defendant’s estate, and they’re passed on to the individuals in the will.

Death is always serious, but when it’s the direct results of the actions of another individual, you need the help of an attorney who deals with cases like this on a daily basis. It’s important to note that the statute of limitations may expire if you don’t act immediately. Contact us today at Sanders Law; we can provide the legal advice you need.