When the negligence of others causes the death of a loved one, it also causes grief, suffering, medical expenses, loss of income, and a shattered life for those left behind.
A wrongful death claim alleges that the deceased person was killed because of the defendant's negligence, and the surviving dependents or beneficiaries are entitled to monetary compensation because of the defendant's conduct.
Family members couldn't make this type of claim in the past because the claim died with the victim, or so it was believed. But today, individual states have wrongful death statutes to give the survivors recourse for their loss.
Those who can pursue a wrongful death claim are spouses, children (with a court-approved guardian), and parents. Some states allow grandparents, legal dependants, and members of the extended family to file a claim, too. However, a family member cannot sue another member of the family for wrongful death.
The kinds of damages that may be recoverable in a wrongful death claim are:
* Immediate expenses associated with the death, such as medical and funeral expenses
* Loss of the victim's anticipated earnings in the future until the time of retirement
* The pain, suffering, and mental anguish of the survivors
* Loss of inheritance caused by the untimely death
* Loss of benefits caused by the victim's death, such as a pension and medical coverage
* Loss of care, protection, and companionship for the survivors
* General and punitive damages
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