Having a loved one disappear from your life because they died when someone else acted negligently, recklessly, or maliciously can leave you feeling stunned. You might be wondering what kind of case you can actually bring against the parties you believe to be responsible for the death.
Can You Sue?
Legal standing to pursue a wrongful death claim is fairly limited. Generally, only dependent children, parents of dependent minors, and spouses can seek compensation when someone close to them is killed.
The vast majority of other types of cases, such as ones brought by siblings, adult children, and business partners, will be quickly dismissed by a judge. In fact, it's unlikely a provider of wrongful death attorney services would pick up such a case.
What Sorts of Deaths Merit Claims?
Provable negligence, recklessness, and malice are the primary features of virtually all wrongful death cases. In other words, some person or organization forgot to take a necessary precaution, acted in a dangerous manner, or deliberately did something in a way that directly led to an individual's death. For example, a trucking fleet operator that improperly maintained the brakes of a rig that was involved in a fatal collision might be found liable.
You must also prove both causality and a duty of care. Causality means showing the defendant's actions were the most proximate cause of the death, and duty of care implies they had a legal responsibility to avoid a death happening.
What Damages Can You Actually Sue For?
Given the close relationships most plaintiffs had with the deceased in these cases, there are often a lot of emotional traumas and economic losses that can be claimed. Future earning potential and the overall remaining value of the deceased's life may be awarded as damages. Likewise, spouses have the right to sue for the loss of consortium, companionship, and love. Dependent children can sue for the value of the nurturing and guidance they've lost. Funeral, burial, and cremation expenses can be claimed, too.
Pre-death losses can also be included in wrongful death claims. If the victim was in the hospital for a long time or required extensive rehabilitative care prior to dying, those sorts of costs are recoverable. Pain and suffering experiences prior to death are also frequently awarded. Typically, if it's an expense that could have been sought in an injury trial, had the victim lived, it can be pursued by a wrongful death attorney.
Share
