The death of a family or friend does not only bring a lot of emotional impact on the family, but also comes along with a lot of financial hardships. The situation becomes even worse when the death is a wrongful one. Wrongful death claims are there to reduce the burden on the deceased family.
But what documents do you need to go for wrongful claims and how do you go about the whole process? The focus of this article will be on the claims that can be made in lawsuits. Also, you will get an idea of what to claim and who is obliged to do the claiming.
What are the Grounds to Claim any Wrongful Death?
In order to prove that the decedent's death was wrongful you need to first of all present the court with the necessary proof. Below is a list of cases where you could claim a wrongful death.
- If your victim died through domestic violence, molestation, rape, blackmail, etc then you can conclude their death to be wrongful.
- Also, if the victimized person has died due to wrong medical practices by a doctor, nurse, an entire hospital or nursing home or even a pharmaceutical company.
- A car accident or any form of road and vehicle accident can be the sole reason to claim wrongful death.
- Also, death in the form of suicide can be presented as wrongful ones. Examples of such deaths include occupational hazards or domestic violence.
Who Can Claim the Lawsuit on Wrongful Death?
The people with the right to claim on behalf of the decedent are generally the parents, guardians, spouse, siblings, children. In short, anybody who can prove to have some blood connection or strong societal connection can claim on behalf of the decedent. In case of minors, a legal guardian or parent can claim on the minor’s behalf.
What can be claimed in a Wrongful Death lawsuit?
Get a rough idea regarding what compensations can be claimed in such cases.
- You may claim for punitive damages on the basis that the defendant must take the law into consideration when doing anything.
- The survival claim can be made where the defendant must compensate for the pre-death pain and sufferings of the decedent.
- You may also claim the pre-death medical costs and charges. This might also include the crematory and reverence charges.
- A compensatory claim can be made for the lost income of the family and also the daily household expenses and others that include kids educational expenses.