Sometimes a person is killed because of the reckless or negligent behavior of someone else. The victim’s family may file a wrongful death lawsuit against the person who is responsible. The wrongful death lawsuit determines the amount of damages surviving family members can collect.
A wrongful death lawsuit is applicable in the following cases:
- When a person is unintentionally or intentionally killed.
- When a person dies because of medical malpractice.
- When a person dies in an automobile accident.
Who can file a wrongful death lawsuit?
- Children of the victim: Children of the victim can file a lawsuit to claim compensation for their parent’s death.
- Parents of minors: Parents of minors may file a lawsuit if one of their children is killed.
- Distant relatives: Distant relatives of the victim, like grandparents, can file a wrongful death lawsuit.
Types of damages collectible in a wrongful death lawsuit
- Survival claims: A person can file a claim for the pain and suffering of the victim before death.
- Medical expenses: You can recover medical expenses incurred by the victim before death.
- Compensatory damages: You can recover lost wages your loved one would have earned if still alive.
- Punitive damages: Punitive damages punish the person who is responsible for the wrongful death. The responsible person must pay the compensation.
- Burial claims: The lawsuit can claim compensation for funeral and burial expenses.