All You Need To Know About Wrongful Death

Death is an inevitable fact of life. Each one of us will die and we cannot stop it. But when a loved one dies due to the negligence of another person, that is unacceptable. According to the website of Karlin, Fleisher & Falkenberg, LLC, the sudden death of their loved one can have a huge impact on the surviving family members. The good news is that they can file a wrongful death lawsuit on the responsible party in order to ease their and pain and suffering.

Wrongful death is a civil case that can be filed against a person or business for their responsibility in the death of another person. The sudden death of the plaintiff could be the result of the following:

  • Negligence or carelessness
  • Design or product defect
  • Recklessness or gross negligence
  • Intentional acts

Depending on the state where you live, wrongful death laws lay down the specifics of filing a case against the defendant. It also explains the possible damages, the statute of limitations, and other procedures. As mentioned, the damages that can be recovered will depend on the state where the case was filed. In general, it will be the surviving members of the family or estate who will receive compensation for:

  • Lost financial support
  • Loss emotional support suffered by the survivors
  • Medical expenses
  • Funeral and burial cost

For a wrongful death case to be successful, it would have to satisfy the basic elements such as duty of care, act or omission that breached that duty, the action directly caused the injury or death, and there were resulting damages. As to who gets the damages? The court will consider several factors in the determination of the amount as well as the recipient. Punitive damages may also be awarded to the surviving members of the family.

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