When a family member has died because of the bad intent, recklessness or negligence of someone else, the surviving family members can bring a wrongful death suit. The lawsuit, if successful, can never replace the loved one you have lost, but will help compensate for your loss, including medical or funeral costs, and loss of companionship and financial support.
A wrongful death claim could arise from an accident caused by someone’s reckless or negligent actions, such as a careless driver who caused a car crash, a medical practitioner who committed malpractice, an employer who did not provide a safe workplace, a nursing home that failed to care for or supervise persons in its charge, or a manufacturer who produced defective or unsafe products. It could also stem from someone’s criminal behavior that deprived you of your family member.
To successfully bring a wrongful death lawsuit, you must prove that the negligent or intentional conduct of another caused the death of someone for whom you serve as the personal representative, and the death caused you some type of pecuniary (i.e., monetary) loss. When the deceased provided financial support or benefits for dependents, proving that loss is more straightforward, but the loss of the nurturing, guidance and companionship of a parent or spouse is also recognized as a loss that can be compensated in a wrongful death claim. Defendants may also be held accountable in a wrongful death lawsuit for pain and suffering they caused your deceased relative.
Wrongful death lawsuits can pose highly complex questions, both of causation (for example, whether the death occurred because of the defendant’s action, or some other intervening cause) and of fact (such as establishing the actual damages from the loss of the family member). Expert testimony is often required on such questions as the potential future earnings of the deceased.
An Experienced Wrongful Death Attorney Can Help You Cope with Your Loss
If an injury caused by another has caused the death of a family member, don’t try to deal on your own with all the problems that is causing. Get your family the help it deserves, in determining and proving the compensation you deserve. For a free consultation, call the King Firm PA.