If you have lost a loved one in an accident that was caused by the negligence of someone else, you may be able to file a wrongful death claim. A wrongful death claim is a lawsuit brought by a spouse, parent, or child of someone who was killed due to the negligent actions or inactions of someone who owed your loved one a duty. You can collect damages associated with their death including medical bills, pain and suffering, loss of future income, and loss of consortium. Here is a very basic explanation of wrongful death and how you can bring your claim.
In order to file a wrongful death claim, your loved one had to have been killed by someone who was negligent. Proving negligence is a complex legal process. To put it simply, you must show that someone who caused your loved one’s death was not acting reasonably and their action is what caused their death. If you have questions about whether the accident was caused by negligence, you need to speak to an experienced wrongful death attorney.
Damages for Wrongful Death
The damages that you can receive from a wrongful death case are similar to a personal injury case. If your loved one incurred medical bills, the negligent party should pay those costs. You may also be able to recover loss of income that the deceased would have made if they weren’t killed. If there is gross negligence present, you may also be able to recover what is called “exemplary damages” that are more punitive than compensatory. You should never accept a settlement without talking to an experienced attorney first.