The sudden loss of a loved can be a tragic and traumatic life experience, even more so when their demise is caused by the reckless acts of another.

Wrongful death is not only devastating, it can also lead to significant financial consequences for the family members. Filing a wrongful death lawsuit can somehow help the surviving family gain a measure of justice and receive compensation for their loss.

What is wrongful death?

A wrongful death is a death of a person caused by the negligent actions of another party. When such misfortune happens, the family of the deceased is entitled to file a wrongful death claim and pursue monetary damages for the economic and non-economic losses related to the decedent’s passing. An experienced wrongful death lawyer can help the family of the deceased identify the person or entity responsible for the wrongful death.

While money cannot, in any way, compensate for the life lost, the wrongful death claim seeks to relieve the family of the financial consequences resulting from the wrongful death.

Like other personal injury claims, a wrongful death claim will also require the plaintiff’s party to provide the following burden of proof:

1. That the defendant owed the victim a duty of care;

2. That the defendant failed to provide duty of care;

3. That the wrongful death directly resulted from the defendant’s failure to provide this duty of care.

Cases That Can Give Rise to A Wrongful Death Claim

Individuals and organizations can be held accountable for a wrongful death. Any death caused by the reckless conduct, negligence, or intentional criminal act of another person or entity can result in a claim for damages. Some of the most common causes of wrongful death include:

• Car accidents               
• Motorcycle accidents
• Workplace accidents
• Medical malpractice
• Defective products

Wrongful death attorneys are usually involved in settling wrongful death claims or filing a wrongful death lawsuit. They can help the decedent’s family build a strong case against the defendant and seek the highest compensation possible for their loss.

Are you eligible to file a wrongful death lawsuit?

The law allows the decedent’s family members to pursue legal ramifications in case of a wrongful death. According to the Family Law Act, the following relations are entitled to file for and receive damages from a wrongful death lawsuit:

• Spouse
• Children
• Parents
• Grandparents
• Grandchildren
• Siblings
•  

The settlement for a wrongful death lawsuit can be paid out in a lump sum or in divided portions among the claimants. If there are minor children entitled to the claim, their share of the settlement may be held over until they are 18 years old.

Damages Awarded in A Wrongful Death Lawsuit

A wrongful death lawsuit seeks civil remedy against a party who is legally at fault for the death of another individual. Monetary compensation may be awarded to the victim’s family for their loss.

After having established that their loved one’s death was indeed due to a wrongful act, the surviving family can collect the damages that the deceased would have been entitled to had they lived. The family will also receive compensation for funeral expenses and intangible losses attributed to the death of their loved one.

Wrongful death damages can include:

• Medical expenses (hospital stay and prescription costs of the deceased)
• Funeral and burial expenses
• Loss of future economic support
• Loss of income by grieving family members
• Loss of companionship
• Loss of potential inheritance

The damages in a wrongful death claim are generally difficult to calculate. There are plenty of factors to take into account including: the victim’s age, life expectancy, earning capacity at the time of death, and number of dependents, among others. Punitive damages may also be awarded if the death was a result of intentional harm to the victim.

The plaintiffs will need the help and guidance of expert wrongful death attorneys to come up with the best monetary figure for their claim and defend it in court.

Seeking Legal Help for Wrongful Death

There is a statute of limitations for filing a wrongful death lawsuit. In Ontario, the decedent’s family has two years from the time of death, but it is best to file the lawsuit as soon as possible. Waiting too long before taking action might ruin your chance of gathering strong evidence and proving your case.

If you think your loved one’s death was caused by the reckless behavior or deliberate act of another, consult with an attorney right away. Seeking legal advice may not be a priority as you deal with the grief of losing a family member, but it’s a necessary step to understanding your rights and determining your position to pursue a claim.

 About the Author 

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books, and playing minigolf with her friends and family in her spare time.