Experiencing the loss of a loved one can be a very sad, stressful, and challenging situation. While any death will come with grief and life-altering changes, losing someone due to an unexpected accident can be even more difficult. If someone you cared about passed away due to the neglect or intent of another party, you could seek damages and restitution through a wrongful death claim. There are various forms of damages that can be awarded in a wrongful death claim.

What Constitutes Wrongful Death?

If you have lost a loved one in an accident of any kind, it is natural to want to pursue remedies for any losses you incur. To qualify as a wrongful death claim, it typically will need to be characterized by one of a few different types of situations. Some of the most common situations that could result in a wrongful death claim include the following:

  • Vehicular accidents with other motorists. While any accident resulting in death could lead to a wrongful death claim, those involving driving under the influence, excessive speeding, or other examples of negligence are more likely to result in such a claim.
  • Workplace accidents.
  • Medical malpractice, which can include mistakes during a procedure, misdiagnoses, or errors when providing prescriptions for medication.
  • Defective products resulting in the death of a customer can validate a wrongful death case.
  • Assault and battery resulting in death could constitute wrongful death. In many cases, these situations will also come with criminal charges processed against the negligent party.

What Forms of Damage can be Awarded?

If someone you care about has died due to the negligence or intent of another party, you should consider pursuing a wrongful death claim. When you do file one of these claims, you can receive reimbursement and support for a variety of different losses. There are various forms of damage that are frequently awarded in these cases.

Medical and End of Life Expenses

During a wrongful death claim, one of the most common forms of expenses to be claimed and awarded are medical and end-of-life expenses. IF someone has been injured badly, they likely will need to receive medical attention immediately. Depending on the situation, this could include spending a period of time in a hospital and undergoing various surgeries and procedures in an attempt to save their life. If they do pass away, there will be additional costs associated with the burials. In total, the medical and end-of-life expenses can add up quickly, and including them in a wrongful death claim is quite common.

Lost Wages

Another expense that is commonly sought in damaged during a wrongful death claim is lost wages. When someone passes away, they no longer have the opportunity to earn a living and support their dependents. This can create a significant financial burden. In many cases, lost future wages are included in a wrongful death claim and settlement to reimburse the family for income that could have otherwise been received.

Pain and Suffering

The third form of damages that you can collect during a wrongful death lawsuit is pain and suffering. If you lose someone that you care about, it can have a significant impact on your wellbeing. This can cause a significant amount of mental anguish and stress. Further, surviving spouses will have to deal with the loss of companionship. As this can cause a significant amount of turmoil, pain and suffering, and loss of companionship is often included in a wrongful death claim. In some cases, the family may also file a pain and suffering claim on the behalf of the deceased due to the trauma that they experienced during the accident.

Who Can File a Claim?

While someone’s death can have a significant impact on the lives of many people, not everyone is qualified to file a wrongful death claim. Typically, only immediate family members are permitted to file a wrongful death claim. Generally, there is a process that is followed for these claims. The priority interest in filing a wrongful death claim typically starts with the surviving spouse, who is then followed by adult children, the parents of the deceased, and they any other direct relatives. In some cases, the executor of the deceased’s estate is able to file such claims.

If you are going to file a wrongful death claim, knowing who to name as the defendant is important. While naming the individual responsible for the accident makes sense, there are often other entities to consider adding as well. These can include the employer if it as a workplace or medical accident, any insurance companies, or the manufacturer of a product if it was due to product defects. A legal investigation will help determine who is permitted to file the claim and who should be named in the claim.

Reasons to Hire Legal Support for your Wrongful Death Claim

If a loved one of your has passed away due to the neglect or intent of another party, seeking reimbursement for your loss through a wrongful death claim is a good idea. When you are going to pursue any form of legal damages, hiring legal representation is a practical necessity. Your attorney will be able to offer all the legal services that you need in this situation, which can include offering a full consultation and evaluation of your situation. They can then handle all legal filings and notifications, negotiations with the other parties involved, and even support during a full civil trial.

As you are looking for legal support, reaching out to the team at Wapner Newman Attorneys at Law is a great option. When you work with Wapner Newman, you will know that you are in good hands as you will get to work with an experienced attorney. This can help ensure that your wrongful death case moves forward properly and that you receive fair consideration for your loss.