Should I File a Wrongful Death Claim?
Losing a loved one due to another individual’s negligence can be traumatizing, difficult to comprehend, and emotionally ridden. While filing a wrongful death claim may be the last thing on your mind as you grapple with the loss of your loved one, doing so may bring about some peace, comfort, and financial stability. Here, we will explore some important elements of filing a wrongful death claim and some compelling reasons as to why you should consider filing.
What Is Wrongful Death?
Wrongful death is the term used to describe when an individual dies due to the negligence, misconduct, or willful act of another. Some of the most common causes of wrongful death include:
- Car accidents
- Commercial truck accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Pedestrian accidents
Who Can File a Wrongful Death Claim?
It is important to know that the laws regarding who can file a wrongful death claim vary from state to state. The statute of limitations, which describe the time period in which you must file a claim, also differ in each state. Here are some individuals who can commonly file a wrongful death claim:
- The surviving spouse
- The decedent’s domestic partner
- The surviving child(ren)
- Dependent minors
- The decedent’s parents
What Damages Can You Recover?
One advantage of filing a wrongful death claim is the compensatory damages that you may be able to recover. Recovering compensation after the wrongful death of a loved one can help you cover the costs associated with the individual’s passing, as well as provide financial support that the deceased would have otherwise contributed. Although people typically think of the economic (compensatory) damages that you can recover, you may also be able to recover non-economic (non-compensatory) damages. In some cases, you may even be able to recover punitive damages as well. Some economic and non-economic damages you can recover include the following:
- Funeral and burial expenses
- Loss of future wages
- Loss of consortium
- Pain and suffering
- Loss of financial support
- Medical expenses
- Loss of love and companionship
- Loss of guidance and care
Is There a Damage Cap?
As you can see, there are a number of damages you may be able to recover if you file a wrongful death claim. However, is there a damage cap or limitations on what you can receive? Generally speaking, no, there is not a damage cap for wrongful death claims. The only exception to this would be in the case of wrongful death caused by medical malpractice. In these type of cases, the cap imposed is on a state-by-state basis. In California, the cap is currently $500,000 for wrongful death caused by medical malpractice, and it will increase each year until it reaches $1 million.
Seeking Legal Assistance
Hopefully this article brought about some clarity regarding your decision whether to pursue a wrongful death claim for the loss of a loved one. If you are filing a wrongful death claim, it is important to seek legal assistance from a Van Nuys wrongful death attorney who has experience with these intricate types of claims. Attorneys can help alleviate the stress of the legal process and help you attain financial compensation during this difficult time of loss.
I can see where there are instances where this should be filed. I know if something happened to any family or friends and it was wrong, I’d file!
This is such an easy way to understand wrongful death claims!
while hoping i would not need this, it is always useful to be informed in case anyone needs help with this
This is important information. In the midst of chaos, it’s good to know the steps to take during a wrongful death situation.
It’s sad to say my family and I are dealing with this now due to wrongful death of my sister who suddenly passed last month…so yes, I’d gladly file.
My heart hurts for anyone going through this. I can not imagine how hard this must be. I hope it can be a smooth easy process for everyone.
I can see that there may be a time to do this. A wrongful death can be so catastrophic to some families.
I would hate to have to be in the position to have to consider this. Unfortunately, these days the situation can arise more than we’d like and may be something we need to proceed with.
This is such an important thing to consider! It is tragic enough to lose a loved one, but if there is any kind of wrongful death and negligence, it makes sense to think about putting in a claim.
This is a very informative article to read. Everyone should know about this matter. Now, I know what to do if a case happens like this.
It is a handy and helpful article. I never thought about this before, but it’s important to know
This is such a hard situation! I’m glad there is easy advice for those going through this.
I hope that if something happened to me and I wrongfully passed. That my kids would fight for my rights. I’ll send this info to them just in case.