Wrongful Death Lawsuits and Monetary Awards

by Kristen White Blogger If a family member dies as a result of someone else’s negligent misconduct you might be able to file a lawsuit and get compensation for your losses. It is important to note that the wrongdoer can include an individual, a company or another type of entity such as a government office. This article will discuss the matter that a wrongful death lawsuit is limited to monetary awards only.



Firstly, it is important to note that there is a limit as to which family members can file a wrongful death lawsuit. Depending on the state you are in, the individuals who can file a wrongful death vary, however, generally the deceased’s spouse, children, dependents may be allowed to file the wrongful death lawsuit. The individual in most cases must be the personal representative of the victim’s estate and as a result they sue so as to reimburse the victim’s estate. Therefore, any damages awarded will eventually go to the victim’s creditors and heirs.

As with any other personal injury claim it is necessary to prove the wrongful death case. Some of the elements to be proven include that:

The misconduct that caused the victim’s wrongful death is an act or a failure to act

The defendant’s conduct was careless or intentionally designed to cause harm

It is necessary, in order to bring about a wrongful death claim, for the victim to have at least one surviving family member who has suffered loss as a result of the victim’s death. In addition, a personal representative must have been appointed for the victim’s probate if filing on behalf of the estate.

It is important to note that many wrongful death lawsuits are filed because of deaths related to criminal acts such as murder, driving under the influence, distracted driving and serious medical malpractice. However, it must be noted that some types of negligence are not considered serious enough to justify criminal charges. For example, a nurse who fails to change a patient’s bandage in a timely manner may not face criminal charges even if the patient dies. However, the nurse and the hospital might lose a wrongful death lawsuit on this basis.

In wrongful death lawsuits the plaintiff may claim damages for direct expenses including medical bills and funeral bills. In addition, the plaintiff may also claim damages for the loss of a lifetime of financial support that the victim would have provided or for the loss of household services that the victim would have performed. A spouse can also sue for loss of emotional benefits such as companionship and sexual relations. In some wrongful death lawsuit, damages for non-economic losses are greater than damages for economic losses. The majority of wrongful death lawsuits are settled out of court. In many cases a settlement is not reached until after a lawsuit is filed.

It must be noted that the law surrounding wrongful death is complicated and the facts of each case are unique, therefore, it is strongly advisable to speak to a wrongful death accident attorney in Wasilla  for legal advice and representation.

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Created on Mar 6th 2018 04:24. Viewed 267 times.

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