How Do You Know if You Have a Wrongful Death Claim? June 29, 2018.
How do you know if you can file a wrongful death case? How do you know if the reason your loved one died was negligence? There are several steps you will need to take but calling an attorney should be the first item on your list. Wrongful death cases can be difficult to prove, so it’s essential that you work with an attorney that is experienced in this area. Here’s what you should know.
What are the Elements of a Wrongful Death Claim?
To file a wrongful death claim, certain elements or thresholds need to be met. The first element that needs to be met is the most obvious — someone must have died. The second element involves negligence or intent. Someone’s negligence or actions must have led to the death. Lastly, to file a wrongful death claim, you must be suffering monetary loss or injury as the result of the death. This typically limits who can file a wrongful death claim to spouses, children or family members.
What are Common Incidents That Result in Wrongful Death Claims?
Many incidences can lead to someone’s negligence or actions causing the loss of life to your loved one. Some of the common types of incidents from which wrongful death claims are filed include, automobile accidents where the other party was not obeying traffic laws, medical malpractice or negligence claims, or employers who knowingly have employees work in unsafe conditions. If your loved one died because of any of these types of negligence, you may be able to file a personal injury claim.
What Types of Damages are Awarded in Wrongful Death Claims?
Many different types of damages can be awarded in a wrongful death claim. Some of the types of monetary awards include money for the deceased person’s pain and suffering, medical expenses incurred before the deceased passed away, funeral and burial costs, loss of income to family members, loss of future inheritance, and the loss of care, guidance, love, companionship, and consortium. The specific amount awarded varies based on your loved one’s age and how much fault the other party had in the taking of your loved one’s life.
Proving and winning a wrongful death claim is not always easy. In addition, it can be emotionally challenging for the family. If you have a loved one who passed away and you think you may be able to file a wrongful death claim, look for a skilled and experienced attorney to assist you. Here at The Mellino Law Firm LLC, we know what a challenging time it is for your family. Contact us today and let us guide you through the process.