Losing a loved one is devastating, especially when their death could have been prevented. The family members of the deceased have so many questions they want answered. If the deceased was the primary breadwinner, they may also worry about how they will make ends meet.
The law provides a way for surviving family members to pursue compensation when their loved one dies because of another person’s negligence or misconduct. If you have lost a family member because of a preventable accident, here is what you need to know about wrongful death claims.
Compensation and accountability
A wrongful death claim is a civil lawsuit that allows eligible family members of the deceased to seek compensation for losses caused by the death when that death resulted from a wrongful act or neglect. For example, if a driver runs a red light and causes a fatal collision, the driver’s negligence may provide grounds for a wrongful death claim.
The wrongful death lawsuit must be brought by the personal representative of the deceased person’s estate for the benefit of eligible family members, including:
- The surviving spouse
- The deceased’s children
- The deceased’s parents
Other kin may be eligible if they can prove their actual damages. Death can create significant financial and emotional hardships for surviving family members. Therefore, through a wrongful death claim, you can seek compensation for damages such as:
- Loss of financial support
- Loss of services
- Loss of companionship and guidance
- Mental anguish
- Loss of prospective inheritance
- Funeral and burial expenses
In addition to financial compensation, a wrongful death lawsuit can sometimes provide answers to grieving family members. It can help uncover evidence, establish responsibility and give families a voice. And while the lawsuit can’t bring back a loved one, it may help prevent other families from having to go through the same ordeal.
If you believe your loved one’s death resulted from another party’s actions, consider speaking with a legal representative as soon as possible. They can help you pursue compensation for your family’s losses.