Wrongful Death Claims

Wrongful death is a legal term which refers to circumstances in which a person is fatally injured because of the negligence of another person or company. Wrongful death cases may come about in a number of different contexts, including car accidents, construction site accidents, and medical malpractice.

These claims are obviously emotional and difficult for the survivors. Since the person is dead, the law does its best to compensate the survivors and beneficiaries for their loss, by awarding an amount of money the loss represents including the sorrow, mental anguish and loss of companionship of the person, the expected loss in income of the person who died; the expected loss of services, protection, care, and/or assistance which the person who died provided to the survivors/beneficiaries; and the expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting in death. Since some of these damages are very difficult (or impossible to calculate) they are often very high. Many wrongful death lawsuits result in seven figure awards to the survivors.

Legal Issues

As with any legal claim, time is of the essence in a wrongful death suit. In most cases family members are overwhelmed by the loss and the legal issues are often neglected.

However, family members need to appreciate that a prompt investigation of the accident and the facts surrounding the death is necessary. Lawyers will immediately, at their own expense seek to preserve evidence and identify the negligent acts that lead to the death.

Unlike, many injury and accident matters, wrongful death claims often involve complex and confusing legal requirements before a lawsuit or claim for damages is made. Some states mandate that a family member be specifically appointed by the Probate Court before any legal action commences. State law varies as to which family members may be parties to the claim and who can recover. An attorney must be diplomatic in their approach with each survivor who wishes to make a claim. State law will also determine the size of the award, with certain states allowing larger recovery based on punitive damages or other criteria.

Ultimately, from a legal standpoint, it will be necessary to prove who was responsible for the death. Wrongful death cases are among the most contentious and volatile because of the grief and terrible damages involved.

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