The death of a loved one is hard enough under normal circumstances. If, however, a relative has died unnecessarily as a result of the inadequate care or ignorance of another party, the ordeal becomes even more painful. Read through the following to learn more about legislation relating to situations such as these, and find out what you can do if you've been emotionally and financially scarred by the wrongful death of a loved one.
- How is Wrongful Death Defined?
Though each state has it's own statutes pertaining to and defining wrongful death suits, they generally acknowledge the term to refer to a death caused by the negligence of another individual or collection of individuals. This can apply to scenarios from negligent driving to dog attacks. In most cases, those who seek to sue for a wrongful death must be able to identify the party or parties responsible, provide evidence of their negligence, and evidence of the damages they have incurred since the death of their loved one.
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- After a Suit Has Been Won
When claimants win a wrongful death suit, they may be able to pursue compensation for medical bills, serious emotional distress, and any other damages incurred. Compensation may be provided for the deceased's future earnings and funeral and burial expenses, and, depending on the state, may include punitive damages. The amount of money awarded depends on the specifics of the caseyour personal injury attorney will be able to provide you with further details.
It is important to note that only select surviving relatives and dependents can file a wrongful death suit. In California specifically, these include spouses, domestic partners, children of the deceased, or their otherwise specified next of kin. Those who wish to file must do so within the time frame outlined in the wrongful death statute of limitations.
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Sources For This Article
Posted in Law Post Date 11/01/2015