What is Wrogful Death and How to Make a Claim?

What is a Wrongful Death Claim?

When a loved one passes away due to the fault of another person or entity, the survivors may be able to file a wrongful death lawsuit. Such a lawsuit seeks recovery for the following types of damages:

  • The loss of the love, camaraderie, comfort, and affection
  • Lost wages from the deceased
  • Funeral expenses
  • The value of the household services the decedent would have provided in the future
  • The value of the financial support which the claimant would have received from the decedent

Who May Sue for Wrongful Death?

There are only certain people who may file a wrongful death claim. The “real parties in interest” also known as the survivors who suffer damage from the victim’s death include:

  • Immediate family members: Surviving spouses and children (including adopted children) as well as parents of unmarried children
  • Distant family members: Brothers, sisters, grandparents (i.e.: grandparents who are raising a child)
  • Putative spouse: An individual who can prove that he or she had good faith belief that he or she were married to the victim but were not actually married by law.
  • Parents of a deceased fetus
  • Children of putative spouse
  • Stepchildren
  • Life partners and financial dependents (anyone who was financially dependent on the victim/decedent)
  • Any minor who can prove that they were a resident of the decedent’s household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death.

Immunity for Government Agencies and Employees

In some cases, certain people or agencies cannot be sued for wrongful death. For example, in some cases the government may be protected from a wrongful death lawsuit.

 

 

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Disclaimer: The materials presented on this site are intended for informational purposes only. These materials should not be used as legal advice applicable to the reader’s specific situation. In addition, our provision of this information to the reader in no way constitutes an attorney-client relationship. No action should be taken on information provided within this website without counsel from a professional attorney. The request or receipt of any information from this website or any of the attorneys in our employ does not signify our acceptance to represent the recipient of this information. 
It is our intention that all materials posted on this site be up to date and correct. However, this information is subject to change without notice and should not be relied upon for accuracy and pertinence to the reader’s specific circumstances. 

 

2 months ago

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