What is wrongful death? This is a common question for people who suspect they have a wrongful death case on their hands. After all, most people never expect to ever be in that kind of situation. It is important to do your research before filing a lawsuit to be certain that you file the right kind of lawsuit. If you make any mistakes in filing, you may not be able to receive any compensation. The best thing you can do is speak with an attorney. This guide, however, will go over some of the basics so you will be confident when speaking with a legal professional.
Wrongful Death
A wrongful death lawsuit is an option when one of your close family members is killed by the actions of another person. The strongest cases are those where the action that caused the death was negligent or intentional. If the negligent action was performed by a physician or hospital employee, then your case is likely medical malpractice, which is a type of wrongful death lawsuit.
Wrongful death cases and personal injury cases are very similar. The main thing that distinguishes them is whether or not the victim succumbed to the injury. If the victim survives, he or she can file a personal injury lawsuit on his or her own. If the victim perishes, however, then a loved one will have to file a wrongful death lawsuit on the deceased’s behalf.
Damages
In all lawsuits, it is possible to claim both financial and non-financial damages. Financial
damages are called “special compensatory damages,” and non-financial damages are called
“general compensatory damages.” It is also possible for the judge to assign punitive damages, which are meant to be a punishment, rather than compensation for a loss. All three of these types of damages are possible in wrongful death lawsuits. All damage claims will always fall into one of two categories:
- Claims for losses suffered by the victim
- Claims for losses suffered by loved ones of the victim
If you claim a loss that you or another loved one suffered, that is a survivor action. These usually include emotional turmoil, loss of financial support, damage to property, hospital bills, funeral costs, and burial costs. It is also possible to make claims for the suffering the victim experienced before passing away including pain and suffering, lost wages, and emotional turmoil. Speaking with a wrongful death attorney, like a wrongful death attorney in Lakeland, FL, can give you a better idea of what you can claim in your wrongful death lawsuit.
Thanks to David & Philpot, PL for their insight into what constitutes a wrongful death lawsuit.