Wrongful death is a legal claim that is the most painful and emotional lawsuit for the decedent’s survivors or the estate. This is a lawsuit brought by a spouse or immediate family members to hold the negligent party accountable legally. The manner of the manner of death to sue for wrongful death is one that happened by the negligent actions or intentional actions of another party and without this element the death would not have occurred.
The way the fatality occurred may mean there can be more than one defendant in some cases and a wrongful death lawyer grand forks nd can help to determine the negligent parties. A car collision there would be one negligent party or the medical mishap resulting in death. However, there can be more than one negligent party if the fatality occurred in a manner the negligent party and company or manufacturer had a percentage of fault.
Damages in a Wrongful Death Claim
Wrongful death claims are a civil lawsuit and unlike other personal injury claims, there can be damages for more than medical expenses, and loss of work. Instead, the family or spouse is awarded compensation for items such as loss of love, companionship, and consortium, for children loss of guidance, and loss of wages the deceased would have earned until their retirement. If the deceased does not succumb to the injuries immediately, there can be a compensation award for their medical expenses and funeral costs awarded.
Who Can Sue for Wrongful Death
Wrongful death claims are limited to specific people related to the decedent beside their estate who may file a claim. The family members include spouses, life partners, and punitive spouses (a person who in good faith was to marry the victim of the wrongful death). Minor children of the victim including adopted children can be a part of the wrongful death lawsuit and sometimes adult children if they depended on the victim for at least part of their living expenses, such as college students. Parents can sue if the victim was a minor child or if the adult child provided financially for the parents. In some states, the wrongful death laws allow distant family members to file a wrongful death lawsuit such as siblings and grandparents.
Who can be Held Liable in a Wrongful Death?
If the death occurred because of a traffic collision, it can hold the driver liable, but if the collision involved a commercial vehicle or the car was driven as part of work duties the employer may also be held liable. When a faulty roadway due to the design or builder causes the traffic crash, it is possible to hold them liable, and the state government agency that failed to provide adequate warnings for road hazards. Wrongful death liability can fall to manufacturers, distributors, and installers of dangerous or faulty vehicle parts. The designer or manufacturer of a defective product resulting in death has liability. Medical professionals, cruise ship entities, train and airplane entities when negligence results in death can be liable for negligence.