When someone dies as a result of someone else’s negligence or misconduct, it can add an extra layer of frustration to the overall grieving experience. And while it can be tough to make big decisions in the wake of loss, you should know that there are legal rights surrounding these instances.
Understanding Wrongful Death
Imagine this: You lose a parent in a car accident caused by a drunk driver. The emotional toll is immense, but there might also be financial burdens. Funeral costs, lost income from your parent’s job, and the overall impact on your family’s well-being can create a difficult situation. A wrongful death claim allows you to seek compensation for these losses.
It’s important to note that wrongful death claims are different from criminal charges. Criminal charges are brought by the state to punish the person responsible for the death. A wrongful death claim is a civil lawsuit, meaning it’s a legal case between individuals (you and your family) and the responsible party (the drunk driver in our example).
“In wrongful death claims,” Rosenthal, Levy, Simon & Sosa explains, “the damages awarded are meant to compensate the deceased’s surviving family members for how the loss of their loved one has affected their emotional wellbeing and financial situation.”
It’s for this reason that wrongful death suits can be complex and have lots of moving parts. It’s up to the attorneys (and court, if necessary) to determine what the fair value of compensation is.
Who Can File?
The laws around wrongful death claims vary by state. There are some general rules, but it’s always best to consult with an attorney to understand the specifics in your location.
Here’s a breakdown of some common scenarios:
- Spouses: Generally, a surviving spouse has the first right to file a wrongful death claim. This applies whether you were married for a long time or a short time.
- Children: If there’s no surviving spouse, then children of the deceased person are usually next in line to file a claim. This includes biological children, adopted children, and even stepchildren who were financially dependent on the deceased.
- Parents: In some states, parents can file a wrongful death claim if the deceased was a minor child, or an adult child who financially supported them.
Beyond Immediate Family
The laws get more complex when it comes to extended family members. Some states allow grandparents, siblings, or even nieces and nephews to file claims if they were financially dependent on the deceased. However, these situations are highly dependent on specific state laws and the details of the case.
What about Dependents?
Financial dependency plays a big role in wrongful death claims. Even if you weren’t a close family member, you might be eligible to file a claim if you relied on the deceased person for financial support. This could include a long-term partner, or even someone who lived with the deceased and shared expenses. It could also be a biological parent who a child never sees, but who provides child support on a monthly basis.
What Can You Recover in a Wrongful Death Claim?
Wrongful death claims can help recover various losses, including:
- Medical and funeral expenses: This covers costs associated with the deceased person’s final illness and burial.
- Lost income: If the deceased person was the primary earner in the family, the claim can recover the income they would have brought in during their expected lifespan.
- Loss of companionship and guidance: This compensates for the emotional loss of your loved one’s presence and support.
- Loss of inheritance: If you were likely to inherit from the deceased, the claim can recover the value of that lost inheritance.
The Importance of an Attorney
Wrongful death claims can be complex. Navigating the legal system, gathering evidence, and dealing with insurance companies can be overwhelming during a difficult time. An experienced attorney can guide you through the process, explain your rights, and fight for the compensation you deserve.
Starting the Next Chapter
Losing a loved one is never easy. But when that loss happens because of someone else’s negligence or wrongdoing, it can feel especially unfair. In the middle of the grief, it might be hard to think about complex legal matters that you don’t necessarily understand. However, it’s important to know that you have rights in these situations.
As a reminder, the laws regarding wrongful death claims vary by state. If you’ve lost a loved one due to someone else’s negligence, always consult with a local attorney to understand your options. While no amount of money can truly replace your loss, a wrongful death claim can at least help ease some of the financial burdens and provide a sense of justice during what’s certain to be a difficult season.
