When you have a family member die, it is of course a traumatic experience. However, this experience becomes even harder for you and the other family members left behind when you realize your loved one’s death was due to the negligence or intentions of others. When this occurs, you have what is known as wrongful death. If you are facing this situation, here are some additional details about wrongful death and the types of compensation you and your family may deserve.

Examples of Wrongful Death

Unfortunately, there are many scenarios that can result in wrongful death. Some of the most common include victims being struck and killed by drunk drivers, being intentionally murdered by others, or dying due to the negligence of a doctor or other medical professional. Since these and many other situations may qualify as wrongful death, it is crucial you meet with an experienced wrongful death attorney as soon as possible after your loved one’s demise to discuss what transpired and what legal action you may be able to pursue.

Proving Wrongful Death

Since wrongful death claims are some of the most serious personal injury cases, you must be clear as to the evidence you need to pursue your case. Generally, family members must be able to show the defendant had a duty of care to the victim, as in cases of alleged medical malpractice, or that the defendant’s negligence or intentional actions led to the person’s death.

Filing Wrongful Death Claims

In most states, only those relatives who were closely related to the victim can file wrongful death claims. This usually includes the surviving spouse, parents if their child was killed, and even minors whose parents may have been killed due to an intentional act or the negligence of others. Unfortunately, relatives such as aunts and uncles have difficulty winning such cases, and may in fact be restricted by their state from pursuing such claims.

Wrongful Death Compensation

Finally, when a wrongful death claim is filed, various types of compensation may be sought by loved ones. This usually includes financial compensation for such things as funeral costs, medical costs for the victim prior to their death, and any pain and suffering the victim endured prior to their death. Additionally, families may be compensated for the amount of income the deceased would have earned had they lived, income needed to care for dependents, and for the loss of companionship.

If you have suffered a devastating loss due to the negligence or intentional acts of others, speak to a wrongful death lawyer in preparation for filing a lawsuit.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty.