Car accidents and other personal injury situations can often lead to death. When someone dies because someone else was negligent, FindLaw explains that is wrongful death.
In a wrongful death situation, you as the family member of the person who died have the right legally to pursue damages from the responsible party.
Elements
To show a situation that meets the legal requirements of wrongful death, you need to show the other party did something negligent. This could be breaking the law, such as speeding or not stopping at a stop sign. You can also prove the person or entity did something wrong that led to the death, such as not following proper standards when manufacturing a product or not placing proper warning signs on a property.
You also must prove these actions led to death, which is usually fairly simple. For example, in a car accident, if one vehicle hit another and killed the occupant, then you easily will prove the actions led to the death.
Damages
With a wrongful death claim, you will be able to get monetary compensation for your loss. The idea is to lessen your burden because you suffered secondhand due to the other party’s negligent actions. You may get money to pay for medical bills and final costs, future income loss, and pain and suffering.
If a loved one dies because someone else acted in a negligent way, you have the option to make a claim with the court. While it will not bring back your loved one, it can ease your burdens financially while also ensuring the other person faces the consequences of his or her actions.
