In some ways, an injury can be seen as a stroke of luck. That is, if you are fortunate enough to survive a serious accident, you can collect benefits that cover medical expenses and more. For the victim of a negligent act that results in death, his or her loved ones and beneficiaries have to seek compensation on their behalf. Wrongful death claims can be taken out against anyone who is culpable for the accident in question, from individuals to corporations and everything in between.
As the victim in question is unable to represent themselves, a wrongful death suit must be filed by a person who is directly and adversely affected by this death to a measurable degree. This includes immediate family members, widowed spouses and children, and other financial dependents. Parents can also sue for the death of their unborn child if the hospital was responsible.
The defendant in a wrongful death suit largely depends on the context of the accident. In a car accident, anyone from the driver, the driver’s employer, or the automobile manufacturing company can be held liable depending on where the negligence is found. Similarly, medical malpractice claims can be taken out against a nurse, doctor, or hospital for surgical errors, misdiagnosis, or other acts of serious negligence. Depending on the accident, it is important to seek legal counsel to determine who is responsible for your wrongful death claim.
Wrongful death claims cover everything a personal injury suit addresses and more. Loss of income (past and future) from the deceased, emotional suffering and distress, medical expenses, and even funeral expense can all be factored into your award. The amount you receive is largely determined by your financial dependence on the deceased at the time of the accident.