Understanding Wrongful Death Claims

When a wrongful death claim is filed, it is understood that the death was caused by the injury sustained due to the negligence or liability of another party. The survivors will then bring the lawsuit against the defendants and will seek monetary compensation for the losses incurred. With each state having its own and specific set of statute of limitations that will determine the eligibility of each wrongful death claim, it is best to get legal advise from a personal injury attorney to validate your claim and help you weigh your options and provide you with the best solution to get the best possible result for your claim.

The laws on wrongful death resulting from personal injuries vary from state to state. Some states entitle the next of kin to file the lawsuit in their own names following the death of the decedent. The individual beneficiaries in question are usually the spouse or children, and some states also designate parents as claimants. Most states will not honor others as claimants other than the spouse, children or parents unless the scope of the state's wrongful death act has been expanded to includes other dependents, such as siblings or other members of the extended family.

It is not necessary that defendant's conduct be the only cause of death. Liability can be contributory, as generally accepted in tort laws. Once the defendant is found accountable and legally liable for the death of a person, the claimants may then recover the cost of damages that include the deceased's medical expenses and treatment, funeral and burial expenses, lost wages and lost future earnings, health insurance coverage, and other general and punitive damages. The claimants may also be able to recover other damages arising from pain and suffering or mental anguish caused by the death of their loved one.

A wrongful death claim can be very overwhelming, as the emotional drain that the claimants go through gets very stressful. In order to alleviate that stress, the best course of action is to get legal counsel from an experienced attorney that handles wrongful death claims. This way, you avoid all the red tape that comes from the complex procedures and paperwork. A wrongful death claim also gets complicated by virtue of calculating the total amount of claim that the beneficiary can get. The total amount of loss is calculated based on the life expectancy and work life expectancy of the deceased, plus many other factors. Therefore a personal injury attorney will be in the best position to calculate the total amount of loss incurred to which the claimants are entitled.

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Information on Virginia Wrongful Death Law

Losing someone you love is one of the most difficult and gut-wrenching experiences a person can experience. This is especially true when you lose a loved one in a sudden accident or due to an unexpected reaction to a prescription drug or other product. In the blink of an eye, a person's life can be changed forever.

If you are interested in pursuing justice against the at-fault person or company, Virginia (VA) has laws stating that a person or corporation who negligently killed a person should be held responsible for the harms and losses their negligent actions produced. Sections 8.01-50 through §8.01-244 of the Code of Virginia set forth the rules for bringing wrongful death claims.

Among the most important legal rules in VA is that a wrongful death lawsuit can only be filed by a personal representative of the estate of the person killed wrongfully. In addition, more than one person or company can be named as defendants in a wrongful death lawsuit.

For example, if your loved one was killed in a car wreck and there is the possibility that both the at-fault driver (let's say they were speeding) and a mechanical issue (i.e. defective brakes) were the cause, then we could potentially file a wrongful death suit against both the driver and the manufacturer of the car.

Under the law, the personal representative and the beneficiaries who will receive any money recovered in the case can be the decedent's husband, wife and/or children. If no such relatives survive, the parents, brothers and/or sisters of the wrongful death victim can be recognized by a court as the persons who get the money from the lawsuit.

Wrongful death claims permitted under the law include payments for: (1) medical treatments administered before the victim was killed, (2) funeral bills and (3) loss of future income for individuals who were financially dependent on the deceased person.

Monetary awards can also be pursued for loss of companionship and loss of care, love, guidance and advice. In certain circumstances, there can even be damages for punishing a wrongdoer whose conduct in causing or contributing to the wrongful death was reckless. These are called punitive damages and are meant to send a message to the at-fault party, and the community at-large, that the reckless behavior which caused the death of your loved one is unacceptable and will be punished harshly.

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Should You File A Wrongful Death Claim?

Dealing with the loss of a loved one is always a difficult experience. This is especially true when the death could have been prevented without the negligence of another party.

No amount of money can ever replace the absence of a loved one. But it can help ensure the financial security of the loved one's family, allowing them to focus more on the process of grieving and coping with the changes in their lives.

Wrongful death claims allow plaintiffs to hold the person responsible for the death of their family member accountable for their negligent actions by holding them financially accountable. The notion behind wrongful death lawsuits is that the party responsible for the victim's death also injured the those related to the victim by taking away an individual upon whom they depended for emotional and financial support.

A fatal car accident injury, failure to diagnose a fatal disease, industrial accidents and defective products are a small percentage of situations that could be potentially classified as a wrongful death.

Before filing a claim, the following requirements must be met: Proof of death, evidence linking responsibility of the death to another party and proof the family is suffering emotional, financial or traumatic distress from the loss.

It is also vital to determine whether the claim fits within the statute of limitations for wrongful death claims, which varies according to the state. In Ohio, most claims for bodily injuries have to be filed within two years of a person's passing. However, the length and start of a statute of limitations for other types might differ depending on the cause of death. Families believing their loved one is a wrongful death victim are advised to promptly file their claims to avoid any statute of limitation issues.

Financial compensation includes damage of property, medical expense reimbursement for services provided to the victim, future income loss and loss of companionship. In Ohio, the surviving spouse, children and parents of victims are eligible to receive monetary damages from awarded claims.

In summation: In order for the wrongful death case to stand up in court, four elements must be met for claims: The victim's death was caused by another party; the death resulted from the responsible party's negligence; the death is affecting family members filing the claim; and the death of the victim has resulted in some form of monetary damage for the family.

Consult a wrongful death attorney for more in-depth information and a consultation.

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What is a Wrongful Death Case in California?

A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within six months from the date of the rejection.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. 'Putative spouse' means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor's support.
As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.
Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES
Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.
Funeral and Burial Expenses - The cost of funeral and burial expenses.
The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided
The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.
The loss of the enjoyment of sexual relations with the victim.
The loss of training and guidance of the victim.

PUNITIVE DAMAGES

Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.


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