Understanding Wrongful Death Claims

A wrongful death action arises when an individual is killed as a result of another individual(s)’s wrongful conduct. A wrongful death case is separate from a criminal charge, wherein the proceeding of one does not affect that of another. This implies that if a defendant is being acquitted of murder, s/he may be sued separately in a civil court for wrongful death by the victim's representative.

The individuals qualified to file a wrongful death case in favor of the deceased vary from state to state, as enumerated in the respective State statutes. Most statutes allow recovery by the surviving spouse, children or next of kin. For more information about such statues and stipulations, hire the services of a noted wrongful death attorney. Solomon Neuhardt is one such name in Montana, specializing in personal injury and wrongful death case.

Grounds for a Wrongful Death Case

Wrongful death claims arise on a plethora of grounds, the most common being vehicle accidents. Other grounds for filing a valid wrongful death case are:

• Medical malpractice: These cases arise as a result of negligence on the part of a healthcare provider, wherein the death is a result of sub-standard or delayed treatment. Misdiagnosis, surgical errors and drug interactions, if resulting in death, can be disputed in the court for wrongful death.
• Product liability: This arises when the death is a result of using a product or service with defects and/or dangerous components. For instance, a malfunctioning auto part, defective drug and faulty safety device makes the manufacturer/provider liable for a wrongful death case.
• Premise liability: When a death occurs in a private or public property managed by a third-party, the owners of the property can be sued for a breach of adequate care. Death as a result of a faulty elevator or a malfunctioning ride in an amusement park can be claimed under wrongful death.

Finally, workplace accidents can be filed as a wrongful death case if the death occurs as a result of negligence on the organization’s part and the deceased’s is not at fault.

Damages Claimed under a Wrongful Death Case

Wrongful death damages are intended to compensate for losses, resulting from an individual’s death, to the deceased’s family members. The common forms of recoverable damages in a wrongful death case are:

• Direct expenses: This includes the medical expenses and the funeral cost.
• Loss of future benefits and earnings: This entails the salary/wage and retirement benefits the individual might have earned had s/he been alive.
• Punitive damages: This amount is typically decided by the court to penalize the defendant for his/her negligence or willful misconduct.