Article source: Law Office of Dr Bruce G Fagel, CA
A wrongful death claim enables families to seek compensation if their loved one died due to the negligent or intentional acts of another party. The claim helps in covering financial loss, funeral expenses, and emotional anguish.In crowded cities like Los Angeles, wrongful death due to medical malpractice, car accidents, truck accidents, etc., is pretty common. When such things happen, the victim’s family can file a claim.
Types of Wrongful Death Cases
Wrongful death claims can be based on many different circumstances. Some common examples include:
- Medical Negligence: Death due to an error in treatment, surgery, or diagnosis.
- Car Accidents: Fatal collisions due to driver negligence.
- Workplace Accidents: Fatal injuries because of poor working conditions.
- Unsafe Property Conditions: Slip and fall or hazardous premises incidents.
- Defective Products: Relating to death due to unsafe consumer goods or machinery.
Each case requires evidence showing the responsible party breached their duty of care.
Who Can File a Wrongful Death Claim?
State laws determine who may bring a claim. Typically, the following are eligible:
- Spouse
- Children or stepchildren
- Parents
- Estate representative for other family members
Such individuals may file to recover compensation for financial and emotional losses incurred due to the death.
What Damages Can Families Recover?
Wrongful death claims cover both economic and non-economic losses. These enable the family to address immediate and long-term consequences of the death of a loved one.
Economic Damages
These include:
- Medical expenses prior to the death
- Funeral and burial expenses
- Lost income or support that the deceased person would have contributed
- Estate losses related to inheritance or business contributions
Non-Economic Damages
Examples of non-economic damages are:
- Loss of companionship or consortium
- Pain and suffering before death
- Emotional distress for surviving family members
Compensation will vary depending upon the deceased’s life expectancy, income, and familial situation.
How Is Liability Proven?
In order to succeed in a wrongful death case, the claimant must be able to demonstrate that the defendant owed a duty of care legally, breached that duty, and the breach caused the death. This death led to measurable losses for the family.
Evidence can include a lot of things, such as medical records, accident reports, testimony by witnesses, and expert analysis. In cases related to medical malpractice, expert doctors usually review the care given to explain how it fell below accepted standards.
Legal Guidance Helps Families
An attorney experienced in wrongful death claims can:
- Identify responsible parties
- Collect critical evidence
- Accurately calculate damages
- Handle negotiations with insurance companies
- Represent the family in court if necessary
Professional support ensures claims are properly documented and pursued according to state laws.
Final Thought
- Eligible claimants include spouses, children, parents, and estate representatives.
- Damages cover economic losses like medical bills and lost income, as well as non-economic losses such as pain, suffering, and loss of companionship.
- Proof of duty, breach, causation, and measurable family loss is required.
- Attorneys help gather evidence, calculate damages, negotiate settlements, and represent families in court.
