What makes a Wrongful Death?

by Kristen White Blogger

There are many instances where the following statement is made with regards to the death of an individual; “they shouldn’t have died”. While no deaths may be viewed as necessary or intentional there are instances at law where a death is referred to as a ‘wrongful death’. However, what makes a death a wrongful one?

According to a definition provided by Nolo’s Plain English Law Dictionary a wrongful death is “a death caused by the wrongful act of another, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased person to obtain compensation for having to live without that person. The compensation is intended to cover the earnings and emotional comfort and support the deceased person would have provided.” Put simply a wrongful death is an incident whereby someone has caused the death of another person as a result of his or her behavior or actions. Such situations often leave surviving family members or dependents behind that are affected by these circumstances without the deceased’s monetary assistance.

The point of a wrongful death suit is to provide compensation for the remaining family or dependents in a financial capacity. Different states have different laws in place with regards to the time limits, qualifications and possible damages that may be recovered or received by way of a successful wrongful death lawsuit. The majority of wrongful death claims require the use of attorneys. However, legal representation is necessary when such issues become complicated and many people are involved.

It must be noted that wrongful death lawsuits did not originally exist. The stipulations to the law were then created to recognize situations where a person loses his or her life as a result of the actions of another, or an entity and compensation was needed to provide for dependent and surviving family members. This necessitated by the existence of a financial void created by the death of the individual. Because the person affected by the actions of the other is dead, an executor or representative may bring a case for wrongful death.

Where a wrongful death suit is successful the monies obtained may be disputed between potential dependents and surviving family members, such disputes are often the cause of the additional factors that become complicated and complex in determining who should receive what money. Hence the requirement to hire Anchorage Alaska Attorneys who may narrow down who is involved and how much each person should be allocated based on certain criteria.

When a wrongful death suit is successful various forms of compensation are provided to family or dependent individuals. Such compensation covers issues relating to:
Loss of financial support
Emotional care
Funeral expenses
Any medical and treatment expenses for the deceased

Compensation in such claims is necessary for the family that loses the main financial supporter, however, other persons may be affected equally.

It must be noted that wrongful death claims are often as a result of negligence. Some examples of actions that lead to wrongful death include car accident in Anchorage, defective products and medical malpractice incidents.