You’ve just lost your loved one in a car crash, and you can’t help but to feel a mixture of emotions, including grief and anger. This is particularly the case because the person who caused your family member’s death was texting while driving at the time of the accident.
Sadly, you’re not alone. In the United States, more than 2,800 individuals lost their lives due to distracted driving.
Fortunately, in a situation involving negligent driving, it is within your rights to file a wrongful death claim against the responsible party. Here’s a rundown on the wrongful death meaning and what wrongful death cases involve.
Let’s get started!
Wrongful Death Meaning Explained
A wrongful death claim may be filed in any situation where someone’s carelessness has led to the death of a loved one. That situation may be, for example, a motor vehicle accident or criminal activity. It may also include manufacturing defects or medical malpractice.
To file a wrongful death claim, you generally must be the spouse, child, or parent of the person whose death is sparking the claim. To win the claim, you must be able to prove that the person who caused the deceased person’s death was negligent. Only then can you recover damages, or monetary compensation.
Note that damages come in different forms. For instance, economic damages include out-of-pocket costs, medical expenses, and loss of income.
Meanwhile noneconomic damages include pain and suffering. In addition, you might be awarded punitive damages. This is the case if your deceased loved one died as a result of another person’s gross negligence and egregious conduct.
Filing a Wrongful Death Lawsuit
To successfully litigate a wrongful death suit, it is paramount that you collect solid evidence to support your case. Examples of evidence include medical bills and receipts for medical equipment or medication. Also, a police report acknowledging that the person who caused the accident was driving while distracted, for example, at the time might prove helpful.
Also, be sure to contact a wrongful death attorney. Legal guidance from Sweetlaw.com, for example, can further ensure that you gather the appropriate evidence for proving your claim’s elements. Your attorney might also bring onboard expert witnesses who can assist in this process.
Pursue a Wrongful Death Claim with Confidence
When a loved one is killed due to another party’s misconduct, the deceased loved one has been a victim of wrongful death. Even though criminal prosecution may happen as a result of the death, a separate civil wrongful death suit might also be filed in connection with the crash.
If you decide to file a suit and successfully litigate it, you might receive wrongful death damages to cover a variety of losses. These losses might range from funeral expenses to lost companionship and even lost wages.
Take into consideration the various aspects of the wrongful death meaning highlighted above as you pursue a wrongful death claim in the days and weeks ahead.
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