If a demise of an individual is caused by a company’s (or any entity or person for that matter) neglect or delinquency, the living family members can file a claim for wrongful death. It can be the husband, wife, children, mother, or father. The rules for wrongful death claims vary per state. While the procedures vary, the main concepts are similar.
All details herein provided are for educational purposes only, provided on behalf of Attorney Ken Allen.
Wrongful Death Claim Fundamentals
In order for a wrongful death claim to be successful, the following aspects should be present prior to filing the lawsuit: demise of an individual; the demise is caused by one’s neglect; the intention to lead to death should be present; the living family members experience financial difficulty as a result of the death.
Grounds for Wrongful Death
There are several causes of wrongful death. It can be medical malpractice in the hospital/doctor’s care. It can also be contact with dangerous chemicals or situations at the workplace. It can be accidents. And finally, criminal actions are legally considered valid for a wrongful death claim.
Damage Awards for Wrongful Death Claim
In general, the damage awards for wrongful death claims are justifiable and fair to compensate a person’s death. Pecuniary injury refers to the financial support loss, such as support, inheritance, and medical fees. Punitive damages include monetary compensation to the living family members. Aside from being a penalty to the defendant, this also serves as a warning to those who intend to do similar actions.
Pecuniary Loss
The basis for pecuniary loss depends on several aspects in regards to the victim who passed away. This can include the age, life expectancy, health condition, personality and the ability to earn money. If the person has dependents, the jury will consider both the income at the time of death as well as the person’s potential income.
Punitive Damages
Not all states permit punitive damages for wrongful death claims. There are states that have specific rulings that permit living family members to get punitive damages. In other states where punitive damages are not specific, it is up to the court to grant punitive damages. In general, the decisions are based on specific situations on the case.
The information in this article is provided by Ken Allen Law, which provides legal services in the field of Wrongful Death. This article is not intended nor should be considered legal advice.
