The Key Elements Of A Wrongful Death Claim
January 12,2008
A wrongful death claim is a legal action which arises from the death of a person due to the negligence of another. Generally, the lawsuit is filed by the deceased victim’s beneficiaries or dependents to ask for monetary damages as a result of the negligence or wrongful conduct.
How is a wrongful death claim different from a normal tort?
Unlike in a normal tort claim, the victims in wrongful death cases often do not survive the accidents to file their claims. In the past, under the common law, wrongful death claims did not exist based on the reason that the claim is out of the question as there is no possible way that a dead victim (claimant) can ask for compensation. During those times, even surviving family members could not even claim for damages.
However, in recent years, several states have drafted and passed their own statutes to address the issue. Each state has its own law that is unique to its own jurisdiction and suited to the situation in its locality.
In most states, a claimant may not recover punitive damages in a wrongful death action. But in some states there are specific statutes that permit its recovery.
In Los Angeles, for example, the California law provides for just compensation for the pecuniary or economic loss from the death which includes the present value of future contributions from decedent to his surviving heirs, the value of personal services, advice or training decedent would have given his dependents and the value of the decedent's society and companionship. This includes the recovery for punitive damages in certain cases where it is legally appropriate. Key Elements of a Wrongful death claim
In order to bring a successful wrongful death lawsuit, the following elements must be present.
- The death of a human being
- The action was caused by another's negligence, or the intent to cause harm is present
- The survival of family members who are suffering monetary injury as a result of the death
- The appointment of a personal representative for the decedent's estate.
Under the state law, a lawyer must be able to determine and establish the following facts for the claim:
- That the death was caused by the negligence or wrongful conduct of another
- The extent of the heirs' damages
A wrongful death lawsuit may arise in the following situations:
- Medical malpractice
- Automobile or airplane accident
- Occupational exposure to hazardous conditions or substances
- Criminal attacks
- Fires
- Death during a supervised activity.
Damages In the Claim
Beneficiaries and claimants are entitled to recover damages and may seek economic and non-economic damages as compensation for the loss which each heir has suffered as a result of the death of the victim. Punitive damages may also be recovered in serious cases or where legally appropriate.
Under the law, surviving family members are entitled to compensation for:
- All medical and funeral expenses
- Compensation for loss of financial support
- Reimbursement for future services normally provided by the deceased
- Compensation for loss of love, attention, affection, guidance and companionship
- General damages
- Punitive damages, where legally appropriate
The success of bringing about a wrongful death lawsuit claim will depend on the key elements mentioned earlier and how these elements will be utilized by your lawyer to prove the case.
