An unexpected passing of a loved one is always a shocking and stressful time for you and your family. If it was caused by someone else’s reckless behavior or even malicious intent, a wrongful death claim can be a legal way of holding them responsible.
Before you file, you need to know what constitutes it and who is eligible to seek damages if said claim is ruled in your favor.
What is wrongful death?
This term applies to someone who negligently or carelessly, causes the death of a person. Examples of such causes can include:
- Car, truck and other motor vehicle accidents
- Medical malpractice
- Unsafe working conditions
- Accidents in a private property
- Criminal acts or other intentional misconduct
Wrongful death claims are civil actions This means that an individual can be acquitted of murder or manslaughter charges in a criminal trial, yet found liable in a civil court.
A wrongful death suit generally pursues financial compensation for funeral expenses, mental anguish or loss of income if, for example, the person who died was the wage earner. Such compensation can be court-ordered or reached by a settlement.
Who can file a claim for wrongful death
Under the wrongful death statutes in most states, only certain individuals may bring suit on behalf of a deceased person’s estate. These may include the decedent’s parent, spouse, child or siblings. However, the sum awarded may vary depending on the context and in some local statues. For example, under Delaware law, funeral expenses are deemed reasonable only up to $7000 unless the court finds otherwise.
It is also crucial to check the statute of limitations to ensure your claim is still valid. In Delaware, the period expires after two years.
When to contact a lawyer
While a wrongful death claim cannot bring your loved one back, it can alleviate the financial stress this situation can place on you and your family. It is vital to consult an experienced attorney who can advise you on the best course of action for you and work toward a favorable outcome.