There are many different kinds of personal injury cases, comprised of a whole gamut of possible scenarios. One kind involves the negligence or irresponsibility of a person or business that leads to someone’s death. In this case, called a wrongful death claim, the surviving family members, spouse, or loved ones can seek justice in the form of financial compensation for the death of that person. While this can certainly never bring the person back or make up for their loss, it is a way to hold the careless party responsible.
The laws that govern a potential wrongful death lawsuit vary from state to state, however, all have the same basic tenants in common. Firstly, the person or entity being sued must be the cause of the person’s death. This can range from unsafe conditions in a work environment to a malpracticing doctor, to a careless driver in a car accident. In any case, the person being sued must have caused the death due to negligence or through a strict liability. In other words, intentional death would not constitute this kind of claim, but would instead be a criminal case.
The only people that can file a wrongful death claim are the family, spouse, dependents, and beneficiaries of the deceased. Loose friends, for example, cannot file the claim, but may, however, provide supporting roles in the case, such as witnesses. Finally, the victim’s death must have caused monetary losses in some capacity, which would be what the compensation is being sought for. This may include things like funeral costs, lost wages for dependents, or other, specific circumstances.
Wrongful death cases are more common than one might think and they are some of the most difficult for families to manage while they grieve. If you or someone you know is in this situation, you don’t have to go through this alone. We at the Franco Law Firm understand the difficulty of this scenario and are here to provide legal assistance any way we can. To learn more and to schedule a free consultation with us, please call (813) 872-0929.