Wrongful death claims are brought against a defendant who caused someone’s death either by negligence or as a result of some intentional action. Wrongful death claims allow the estate and those that are close to a deceased person to file a lawsuit against the party who is legally liable for the death.
When Is a Wrongful Death Claim Applicable?
A wrongful death claim can arise in situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of the defendant’s wrongful action. This can occur in a variety of situations, including:
Plant or industrial accidents.
Railroad or railyard fatalities.
Railroad crossing collisions.
Car or 18-Wheeler accidents
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation, although one notable exception may exist for work injuries that result in death, which usually must be handled exclusively through the worker’s compensation system.
What Must Be Proven?
In order to hold the defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had the victim lived. Using negligence as an example, this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File a Wrongful Death Claim?
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim.
Wrongful Death Damages
Damages in a wrongful death claim include:
The deceased person’s pre-death pain and suffering or survival claim.
The medical treatment costs that the deceased victim incurred as a result of the injury prior to death funeral and burial costs.
Loss of the deceased person’s expected income.
Loss of any inheritance as a result of the death.
Value of the services that the deceased would have provided.
Loss of care, guidance, and nurturing that the deceased would have provided.
Loss of love and companionship.
Loss of consortium.
If you or someone you know has experienced the pain and consequences of a wrongful death, we would like to offer our sincere condolences and support. At McGuire Injury Law, we understand how devastating such situations can be, and we are here to help. We have a team of experienced and compassionate professionals who are ready to guide you through this challenging process and provide you with the legal assistance you need. We offer a free consultation to assess your case and understand your needs better. During the consultation, we will listen to your story, answer your questions and concerns, and offer valuable legal insights and options. We will work with you to determine the best course of action and assist you in seeking justice and compensation for your loss. You do not have to face this difficult situation alone. Contact us today and let us help you navigate this complex legal process with care and dedication.
