Coping with the loss of a loved one can be one of the most trying times of your life. When your family member’s death was caused by another party’s negligence or wrongdoing, the grieving process only intensifies. In these instances, you may have the right to file a wrongful death lawsuit and receive the closure and financial compensation to which you and your family are entitled.
How Wrongful Deaths OccurBy definition, a wrongful death is when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of, may be entitled to monetary damages. While states across America have passed wrongful death statutes in order to compel manufacturing companies, hospitals, and doctors to act carefully in their professional responsibilities, wrongful deaths do occur in situations such as:
- Emergency Room Medical MalpracticeWrongful death lawsuits can stem from hospital workers negligence in the emergency room, such as performing surgical errors, misdiagnosing a health condition, or prematurely discharging a patient
- Anesthesia MalpracticeIf an anesthesiologist fails in their professional responsibilities and administers a fatal, anesthetic dosage
- Vehicle AccidentsAutomobile companies may be held responsible for defective products in their automobile, while trucking companies may be held accountable for truck accidents if their employee breaks trucking regulations
Compensation for Wrongful DeathEach state allows the heirs of a family to file a wrongful death lawsuit in the event of another party’s negligence causing the death of a loved one. Factors that courts consider when determining wrongful death damages one may receive include:
- The amount of money earned by the deceased
- Loss of companionship
- The savings of the deceased
- The degree to which survivors were financially dependent on the deceased
- Expenses incurred by survivors for medical and funeral costs
- While no amount of financial payment can ever compensate for the loss of a loved one, being financially secure in your future and the comfort of responsible parties being brought to justice can provide a sense of closure and security to survivors.