What To Understand About Wrongful Death Claims

Certain family members may be entitled to monetary compensation after a loved one passes away. The specific rules and procedures for wrongful death claims vary by state, but generally, certain parties, as listed below, may be able to seek benefits from a wrongful death claim.

Who Can Seek Monetary Compensation?

Immediate family members: In most states, the surviving spouse, children, or parents of the deceased person can seek benefits from a wrongful death claim.

Financial dependents: In some cases, individuals who were financially dependent on the deceased person, such as a domestic partner or a stepchild, may be able to seek benefits from a wrongful death claim.

Estate: In some cases, the deceased person's estate may be able to seek benefits from a wrongful death claim, which can be distributed according to the person's will or state intestacy laws.

About Wrongful Death Benefits

If a wrongful death claim is successful, the survivors may be entitled to several types of benefits, including:

• Compensation for the financial losses they have suffered because of the death, such as lost wages, medical expenses, and funeral and burial costs.
• Compensation for non-financial losses, such as loss of companionship, emotional distress, and pain and suffering.
• Punitive damages in addition to compensatory damages. (Punitive damages are intended to punish the defendant for their actions and deter similar conduct in the future.)
• A sense of closure and justice for their loved one's death.

What Loved Ones Can Do

To proceed with a wrongful death claim, the parties seeking benefits typically need to file a lawsuit against the party responsible for the death. To prepare for a wrongful death claim, the parties seeking benefits should gather as much evidence as possible, including police reports, medical records, and witness statements. They should also consult with an experienced personal injury attorney who can help guide them through the legal process and negotiate with the responsible party's insurance company.

In some cases, the responsible party may offer a settlement to avoid going to trial. If a settlement is offered, the parties seeking benefits should carefully consider the terms of the settlement and consult with their attorney before accepting or rejecting the offer.

By working with an experienced personal injury attorney and gathering strong evidence, the parties seeking benefits can protect their rights and seek the compensation they deserve for the wrongful death of their loved one.  

Contact a local wrongful death attorney to learn more.