Although accidents, either intentional or unintentional, are a sad reality that we have to live with, no one is prepared to handle them. The situation is particularly bad for those who lose their lives. These are the people who suffer the most, right after people who experience some type of disability or disfigurement.
People who’ve lost their loved ones can get some kind of relief through a wrongful death claim. But sadly, that is tricky. There are many mistakes one may make, right from incorrect calculations of compensation to thinking that insurance companies are fair.
To avoid all these mistakes, victims should hire a wrongful death lawyer. With their services, a wrongful death settlement claim becomes easy.
But not everyone can file a wrongful death claim.
The Parties Eligible for a Wrongful Death Claim
All the parties who can seek damages and losses for a deceased victim of negligence (the decedent) are called survivors. The category of people who can be identified as survivors varies from state to state. However, the most common ones are mentioned below.
Family Members
The victim’s family members are the ones whom the loss affects the most. Family members will have to deal with the fact that their loved one won’t be returning home forever. There are also increased chances of severe financial stress if the victim was the sole breadwinner of the family.
Family members are distinguished into two groups.
- Immediate Family Members: The survivors who’re classified as immediate family members include:
- Spouses
- Children (including adopted children)
- Parents of unmarried children
- Distant Family Members: Very few states allow these survivors to seek compensation for wrongful death. Survivors in this category include:
- Siblings
- Grandparents
Life Partners and Spouses
This category of survivors consists of those who were financially dependent on the victim. This can be either a domestic partner or a life partner.
Those who were putative spouses are also eligible to seek damages. A putative spouse is one who was in a bigamous marriage with the victim.
People Who Face Financial Difficulties
In select states, anyone who suffers financially is considered a survivor. This gives those who were financially dependent on the victim the right to seek damages for the loss. This group of survivors needn’t necessarily be related by blood to the victim.
Parents of a Deceased Fetus
This is more prevalent in medical malpractice cases and is only applicable in a few states. These are the people whose child was born alive and then died, mostly due to the negligence of the medical professionals.
Who Should I Sue?
As wrongful death cases follow the concept of negligence, it is important to prove the four elements of personal injury before finalizing the liable party. The elements are:
- Duty of Care
- Breach of Duty of Care
- Causation
- Damages
Based on the elements of personal injury law mentioned above, the following parties can be held liable for your losses.
- The at-fault driver or their employer
- A government organization or employee
- The manufacturer, distributor, or installer of a faulty part
- A person or an establishment that sold alcohol to an already intoxicated driver
- The parties responsible for the construction or maintenance of a faulty roadway
What’s Next?
The death of a loved one can have a lasting impact on the lives of the survivors. The near and dear ones will miss the love and companionship that were offered by the victim. Their community will miss the services and presence of the victim in their activities.
These are some losses that cannot be replaced by money. But at the end of the day, the survivors need some type of financial aid to compensate for their expenses, especially those related to a funeral.
A lawyer can be beneficial in helping survivors get fair compensation. They will assist in proving the damages the survivors have suffered and ensure that justice prevails.
Also read: The 4 Steps to Get Fully Compensated After a Car Accident
