What is Wrongful Death?
Grieving the death of a loved one is painful and it is even more devastating if their death was caused by someone’s negligent behavior or wrongdoing. If that’s the case, you and/or the estate of the decedent may be able to file a wrongful death claim.
What is a Wrongful Death Claim?
A wrongful death is essentially the death of a person that was caused by the negligence, wrongful act, or unlawful violence of another. A wrongful death claim is an action or a lawsuit brought against an individual or entity that seeks compensation from a party who is legally responsible for the wrongful death.
Who May Sue for Wrongful Death?
Generally, the estate and/or the deceased person’s statutory beneficiaries, i.e., family members of the decedent are the ones that may file an action for wrongful death. Specifically, those who were closest to the deceased person and those who depended on them for financial support. These may include, but are not limited to, the following:
- The deceased person’s parents
- The deceased person’s spouse
- The deceased person’s adult children who were dependent on them for financial support
- The deceased person’s minor children
Who May Be Sued for a Wrongful Death?
Virtually anyone can be sued for wrongful death, including ordinary individuals, government agencies, employees, companies, etc. However, there are individuals or agencies that can be immune from such a claim in certain cases, meaning it’s not possible to sue such entities or individuals for wrongful death. The rules in this regard vary from one state to another.
Compensation in Wrongful Death Claims
In a wrongful death lawsuit, the family of the deceased may be able to seek financial compensation for a wide variety of losses, such as:
- Medical expenses relating to the final illness or injury
- Estate expenses
- Funeral and burial costs
- Lost comfort and services
- Lost future contributions from your loved ones
- Lost earnings – current and potential future ones
There may be other forms of compensation that the family of the deceased can pursue, depending on the wrongful death claim.
What Do You Need to Prove?
As the person filing a wrongful death claim, you must meet the same type of burden of proof that the victim would have to prove, should he or she still be alive. This may vary depending on the circumstances of the case. For example, if the claim is that the death was caused by someone’s negligence, then you must prove that the defendant breached the owed duty of care which was a direct or indirect cause of the death.
When to File a Claim
Most states have deadlines for wrongful death claims. In Virginia and in the District of Columbia, the statute of limitation for filing a wrongful death claim or suit is two years. In Maryland, such a claim must be within three years of the date of death. A wrongful death attorney can advise you in this matter depending on your specific case. So, be sure to consult them.
Building a strong wrongful death lawsuit requires experience and skills that only a qualified attorney can provide. The attorneys at Hilton & Somer LLC can advise you of your legal rights and help you pursue justice. Contact today for a free consultation.
Hilton & Somer, LLC: Wrongful Death Attorneys located in Fairfax and licensed to practice in Virginia, Maryland and in the District of Columbia
If someone’s negligence caused the death of your loved one, call us now for a free consultation (703) 560-0700.
References
https://www.nolo.com/legal-encyclopedia/wrongful-death-claims-overview-30141.html
