We all lose loved ones in life, but when is the loss of a loved one considered a “wrongful death,” as that legal term is used? Well, sometimes it is difficult to determine when such a claim may be valid but, in general, if a person’s death was caused intentionally by another party, or through the negligence or recklessness of another party, the deceased person’s family members may have a valid wrongful death claim.
So, what is the point of such a claim? Well, a successful wrongful death claim could lead to the recovery of financial compensation that can help the surviving family members as they move forward in life without their loved one. There are certain types of “damages” that are typically sought in wrongful death cases, including, for example, expected future income of the deceased; funeral expenses and expenses for medical bills resulting from the situation that led to the death. There may be other forms of damages that could be sought under certain circumstances.
Evaluating your potential claim
It is not easy for surviving family members to think about taking legal action when the death of a loved one is still raw in their minds. The prospect of having to think about the unique facts and circumstances of the death for months or even years as a legal case moves forward can seem daunting. However, considering all of those factors is part of the evaluation process when you and your family members are thinking about filing a case.
If your family is in this unfortunate situation, it is important to take the time necessary to grieve while also considering potential legal options. Moving forward takes time and the right legal support.