Deaths caused by the fault of another person are called wrongful deaths as per the law, and the survivors can file a wrongful death lawsuit in the court to get the justice they deserve. A wrongful death settlement covers the compensation for the losses of the survivor that includes lost companionship, lost wages from the deceased, funeral expenses, etc.
It was only in the last century that the courts at the Federal and state level granted the right to make wrongful death claims in the court. The claim covers all types of fatal accidents caused by the fault of another person. It includes product liability cases, road accidents, medical malpractice, etc. Individuals, enterprises and government agencies can be at fault for negligence that led to the death of the person.
Who Can File The Wrongful Death Claim?
The survivors who suffer damages from the death of the deceased are called “real parties in interest”. A representative files the wrongful death claim in the court on behalf of the real parties in interest that include:
- Immediate family members
Immediate family members of the deceased including children, spouse, and parents of unmarried children can file the wrongful death claim in the court and receive deserving compensation.
- Putative spouses and financial dependents
In some states, people who were dependent on the deceased for financial assistance, domestic or life partners, and putative spouses have the right to recovery.
- Distant family members
Some states permit distant family members like siblings and grandparents to file wrongful death claims.
- All persons who suffered financial loss
Even if people are not related to the deceased by blood or marriage, some states permit the people who suffered financial losses resulting from a person’s death to file wrongful death claims.
- Parents of a deceased fetus
In some cases, the death of a fetus due to wrongful action from the part of others can form the basis of wrongful death claims, and the parent brings up the claim to recover for the emotional and financial losses that resulted. In some states, the parents are not eligible to make wrongful death claims unless the child was born alive and died afterward.
There is no denying that no compensation or court settlement can you free you from the grief of a loved one’s loss. But families that completely depended on the deceased for financial support can only expect a bleak future ahead, which is why financial compensation is given importance in wrongful death cases.