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Can I Pursue a Wrongful Death Claim?

While death is a tragic occurrence, a wrongful death is one that occurs due to negligence, recklessness, or deliberate behavior by another person. It can be challenging to prove wrongful death, as much evidence and proof must be given to demonstrate the negligence corresponding to the death.

How to Determine a Wrongful Death Lawsuit

A wrongful death lawsuit must be brought by a personal representative from the estate of the deceased. These lawsuits will commonly include personal injury, pain and suffering, and other expenses. Since the lawsuit is brought on the behalf of the person that experienced a wrongful death, the settlement is awarded to that person's estate and distributed in accordance with their will.

Common causes of a wrongful death include the following:

  • Medical malpractice
  • Automobile accidents
  • Occupational hazards
  • Defective products
  • Construction site accidents

In order to prove a wrongful death claim, you must be able to demonstrate that another person's reckless or negligent actions directly caused another individual's untimely death. If a defendant is found guilty of wrongful death, they may have to pay damages to the deceased's family.

Financial Claims in Wrongful Death Lawsuits

A court will examine economic, non-economic, and punitive damages to determine the type of financial award the family of the deceased will receive. Economic damages will examine the financial contributions of the victim if they had not died. The court will also examine the expenses the family incurred as a result of this death, such as medical and funeral costs.

Non-economic damages are considered damages from the loss of a parent or spouse. While it is difficult to put a price on pain and suffering, non-economic damages attempt to compensate for the loss of love and companionship suffered from a wrongful death. Punitive damages will be awarded with the sole purpose of punishing those responsible for the wrongful death and preventing the occurrence from happening again.

The combination of economic, non-economic, and punitive damages will be combined in order to provide compensation for the wrongful death of a loved one. While no financial restitution can bring back a loved one, a lawsuit can work to punish those responsible for the death while ensuring that the deceased's loved ones are taken care of in the future.

If you think you may have a case for a wrongful death lawsuit, give our firm a call to discuss the details of your case. With over 75 years of personal injury case experience, DeLorenzo, Grasso & Dalmata can help get you the compensation you deserve for the unfair death of a loved one.