Following the death of a loved one due to another party’s negligence, the deceased’s family can file a wrongful death claim to pursue compensation for damages. Wrongful death can occur during a personal injury incident in which the at-fault party, such as a driver, property owner, or healthcare professional, exposes the victim to such harm through negligence that they lose their life. A family who lost a loved one prematurely can experience economic and non-economic damages that can affect their finances and quality of life. The death of a loved one can result in them having to pay for medical expenses, burial and funeral costs, and account for the wages they will no longer receive from their deceased loved one. The family can also experience significant emotional pain from losing companionship, mentorship, love, affection, and parental services.
What is a Wrongful Death Claim?
A wrongful death claim is a civil action filed by someone after their loved one dies because of the negligence of another party. Loved ones file wrongful death claims to pursue compensation for damages caused by their loved one’s death. An at-fault party whose negligence or reckless behavior caused the death can be held liable for damages in a wrongful death claim. The following are some personal injury incidents that can cause a wrongful death:- Motor vehicle accidents
- Bicycle accidents
- Slip and fall accidents
- Boating accidents
- Defective drugs
- Medical malpractice
- Product liability
- Nursing home abuse
- Defective medical devices
Family Members Can Pursue Compensation for Their Deceased Loved Ones’ Medical Bills
Most family members who file wrongful death claims will begin by calculating the economic damages caused by their loved one’s death, which are the financial losses that result from the wrongful death. One of the most common damages people pursue in personal injury claims is for medical expenses. People who experience severe injuries that take their lives after personal injury incidents may require hospitalization before passing away. They can receive medical treatment to heal their injuries or other health conditions. Despite the medical treatment not working, the family will still have to pay for medical bills. These expenses can include costs associated with surgery, medication, hospitalization, and ambulatory services.Receiving Compensation for Burial or Funeral Costs Through a Wrongful Death Claim
Family members of the deceased also have to prepare funeral services to mourn the life of their loved one. What funeral services take place can depend on the deceased loved one’s religion and desires before their death. Some people prefer to be cremated after their death or buried in a casket. No matter how the funeral happens, the family will incur costs to pay for the funeral services they can pursue compensation for through a wrongful death claim.Family Members Can Pursue Compensation for Lost Earning Potential
When someone passes away, they can no longer earn wages that the family needs to pay for housing, food, clothing, etc. In the case of the death of a household breadwinner, those in the family may be unable to afford the life they had before due to lost wages and earning potential. The at-fault party deprived the family of this lost income when they committed a negligent action that caused the wrongful death. The family can pursue compensation for wage-based losses like the money the deceased could have earned if they hadn’t died.Non-Economic Damages Caused by a Family Member’s Wrongful Death
Family members can also experience non-economic damages after a wrongful death due to the intangible negative effect on the family’s quality of life. People who love the deceased, such as a spouse, child, or parent, can experience depression and anxiety due to the grief caused by the loss of a loved one. They cannot experience the love, compassion, parental guidance, affection, and emotional support their loved one provided before their wrongful death. Family members can file a wrongful death claim to pursue compensation for non-economic damages. The following are some of the non-economic damages caused by wrongful death:- Mental anguish
- Loss of enjoyment of life
- Pain and suffering
- Loss of companionship
- Loss of parental services
- Loss of consortium