What Is Wrongful Death?
The death of a loved one is a traumatic event that is difficult regardless of the situation. However, when the death is something that occurs at the hands of another person or entity, it legally becomes a wrongful death. These deaths are caused by the negligence of others. Wrongful death lawsuits aim to compensate the survivors for their emotional distress and expenses, such as the lost wages of the deceased or funeral costs. The accidents that are covered are numerous, varying from slip and fall accidents to malpractice to defective products and beyond.
What Damages Are Available?
The damages that may be collected include economic damages, such as funeral costs or medical expenses associated with the death, or the loss of wages or income that resulted from the death. This may also include benefits like insurance or pensions that may be discontinued as a result of the death.
Some damages, however, are not economic. They deal with pain and suffering, or the loss of support from the deceased. They may also include punitive damages which are designed to punish the defendant for poor conduct, but punitive damages may not be collected from certain defendants. Interest and attorney’s fees may also be awarded.
Who Can Sue?
There are a variety of people in the deceased’s life who may have a wrongful death claim. It must be someone who suffered damage from the death—be it any of the above types of damage. This could be family members or loved ones who suffered noneconomic damages, or anyone who depended upon the deceased financially.
Who Can Be Sued?
There are a variety of different people and entities who may be sued for wrongful death, as there are a multitude of situations from which a wrongful death may arise. This may include any negligent party involved in a wrongful death. Take the case of a wrongful death due to a defective product. The defendant could be the manufacturer of faulty or defective products, or it could be the retailer who was selling defective or expired products. The responsibility may fall on the shoulders of many.
Each case is different, and as such, requires special scrutiny. Regardless, wrongful deaths are especially troublesome because they result deaths that could have been prevented if it had not been for the negligence of others. Call the attorneys at Zimmerman Law Offices for a free consultation today to see if you have a valid wrongful death claim.
