The Damages Survivors Are Eligible for in a Wrongful Death Claim
When the unexpected occurs and a dear one is taken away from you due to an accident or negligence, it can leave you feeling lost and overwhelmed. However, if you’re dealing with this kind of tragedy, be aware that you have legal options. Seeking justice for your deceased family member is possible through a wrongful death claim.
Such claims provide compensation to surviving family members for their losses associated with the passing of their loved one. But how does compensation work in these cases? In this article, we will discuss all this and how wrongful death lawyers can help you.
What is a Wrongful Death Claim, and How Do Damages Differ From State to State?
A wrongful death claim is initiated by family members after the sudden passing of a loved one due to another party’s negligence. Wrongful death claims enable victims’ families to seek justice and financial compensation for the loss of their family member’s life.
Each state has laws defining the types of damages available in a wrongful death claim. These damages can vary from state to state based on statutes in each jurisdiction. Differences may include who can bring forth the claim, who is eligible for settlements or awards, and what actions are considered legally wrong or negligent.
It’s important to note that no two wrongful death claims are exactly the same. Understanding how your state defines wrongful death claims is crucial when pursuing such legal action.
Who Can Initiate a Wrongful Death Claim?
When a person loses their life because of another person’s negligence or wrongful conduct, survivors may be able to file a wrongful death claim to seek compensation. Typically, only specific family members are eligible to file claims for wrongful death.
The process, laws, and court systems vary by state, but usually, the surviving spouse or domestic partner has the first priority in filing a claim. In cases where immediate family members cannot sue, the court may appoint an administrator to represent their interests in filing a claim.
Each state has specific laws about who can file wrongful death suits. These claims generally need to be filed relatively soon after the tragedy occurs. Timing is crucial when attempting to prove fault and negligence, so consulting an experienced legal advisor is advisable before pursuing a wrongful death case.
What Are the Damages Survivors Are Eligible for in a Wrongful Death Claim?
Experiencing the wrongful death of a loved one is devastating. In such cases, all parties involved can benefit from filing a wrongful death claim. These claims help compensate families and survivors for their losses. Here are the damages covered in a wrongful death claim:
- Medical and funeral costs
- Pain and suffering
- Lost earnings and loss of future earning potential
- Loss of consortium or guidance
- Legal fees
- Punitive damages in some cases
- Other potential forms of compensation based on individual circumstances and state laws
How are Punitive Damages Different from Compensatory Damages?
Punitive damages are a special kind of award in civil law that differs from compensatory damages. Generally, they are given when a defendant is found to have behaved exceptionally wrong, like with malice or a reckless disregard for the safety of others.
Unlike compensatory damages, punitive damages don’t aim to make things right for the plaintiff. Instead, they are awarded to punish and deter the defendant for their actions. This type of legal remedy can result in larger settlements when compared to compensatory damages.
Contact a Wrongful Death Attorney
When a tragic event occurs and someone you love is lost due to an accident or negligence, contact an experienced wrongful death attorney as soon as possible. They’ll help you get the maximum compensation for your injuries and damages.