Losing a loved one is a painful experience, especially when their death results from someone else’s negligence or wrongdoing. This is often referred to as a wrongful death.
What exactly does wrongful death mean?
Defining wrongful death
Wrongful death refers to a situation where a person dies due to the fault of another party. This can include negligence, recklessness or intentional actions that lead to the death of an individual.
Elements of a wrongful death claim
To establish a wrongful death claim, certain elements must be present. The responsible party must have had a legal duty to ensure the safety of the deceased and must have failed to fulfill their duty of care.
The party’s actions or inaction must have directly caused the death, and the death must have resulted in quantifiable damages, such as medical expenses, funeral costs and loss of income.
Who can file a wrongful death claim?
In most cases, the immediate family members of the deceased are eligible to file a wrongful death claim. This typically includes the surviving spouse, children and parents. In some instances, other relatives, such as siblings or grandparents, may also be able to file a claim if they were financially dependent on the deceased.
Wrongful death is a tragic occurrence that can leave families devastated and struggling to cope with their loss. Understanding what constitutes wrongful death and the legal options available to those affected is important for seeking the restitution that your family deserves after the loss of a loved one.