Wrongful death cases occur when a person dies due to the negligence, recklessness, or intentional act of another person. Such cases can be filed by the decedent’s family members or the estate’s representative on behalf of the deceased person. The purpose of filing a wrongful death lawsuit is to obtain compensation for the damages caused by the death of their loved one. In this article, we’ll discuss what wrongful death cases are and how damages are determined.
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Definition of Wrongful Death
A wrongful death case is a civil lawsuit that seeks to hold a party liable for the death of another person. The death must have occurred due to the negligence, recklessness, or intentional act of the defendant. The plaintiff, the representative of the deceased person’s estate, must prove the defendant’s wrongful conduct caused the death. Some common examples of wrongful death cases include medical malpractice, product liability, car accidents, and criminal acts.
Who Can File A Wrongful Death Lawsuit?
The representative of the decedent’s estate typically files a wrongful death lawsuit on behalf of the estate and surviving family members. In most cases, the surviving spouse, children, or parents of the deceased person can recover damages in a wrongful death case. However, the laws regarding who can file depend on the state where the case is filed.
Types of Damages Awarded In Wrongful Death Cases
In wrongful death cases, damages are intended to compensate the deceased person’s estate and surviving family members for the losses they suffered as a result of the death. The types of damages awarded in wrongful death cases vary depending on the state and the specific facts of the case. However, commonly awarded damages include:
Economic Damages
Economic damages are intended to compensate the surviving family members or estate for the financial losses incurred due to the deceased person’s death. Some examples of economic damages include:
- Medical expenses incurred before the decedent’s death
- Funeral and burial expenses
- Loss of the deceased person’s income and potential future earnings
- Property damage caused by the incident resulting in the death
Non-Economic Damages
Non-economic damages are intended to compensate the surviving family members or estate for the non-financial losses incurred due to the deceased person’s death. Some examples of non-economic damages include:
- Loss of companionship, guidance, and support from the deceased person
- Loss of the deceased person’s love and care
- Emotional distress suffered by the surviving family members due to the death
Punitive Damages
In some cases, if the defendant’s wrongful actions were particularly egregious or malicious, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are intended to punish the defendant for their actions and to deter others from engaging in similar conduct in the future.
Conclusion
Wrongful death cases are difficult and emotional for the surviving family members. This is why it is important to have an experienced wrongful death attorney to help navigate the process. An attorney can help the family members to understand and identify the appropriate damages to pursue. The goal is to ensure that the family members receive the compensation they deserve for the damages and losses suffered due to their loved one’s death.