How to Define Wrongful Death Claim and Pursue it in Court


The death of a loved one can never be predicted or expected. It’s always a huge loss. But when the death is a result of a careless attitude of a medical worker, car driver, or an organization providing poor quality of service to the person, it is even more frustrating. The natural desire is to demand punishment for the guilty side and compensation, at least for the financial damage. So, claiming wrongful death lawsuits is the right choice for the grieving family. In this guide, we will reveal more about getting it.

Circumstances That Qualify a Wrongful Death: When the Wrongful Death Claims Apply

Speaking in legal terms, wrongful death can be claimed in case a deceased person had died as a result of negligence. And this negligence is caused by the party who is legally liable for this death. This includes:

  1. Medical carelessness.

When a patient had a life-threatening condition and doctors failed to provide a decent level of medical care, this is also wrongful death. 

  1. Car accidents involving negligent behavior of the driver.

If the other side of the car wreck was proven to act irresponsibly – like violating the driving laws and being at the wheel while intoxicated. Still, reckless driving should be proven by witnesses.

  1. Intentional killing.

Here belong situations in court when, for example, a defendant organizes the murder of a victim’s family member or an eyewitness. In such a case, it is a combination of criminal and civil cases.

Family members have the full right to file a case of wrongful death. They can sue the driver for negligence or a doctor or medical care provider for medical malpractice. As a rule, the family receives monetary compensation, especially if the late person was a breadwinner.

What Should Be Proven to Claim a Wrongful Death

After deciding to claim wrongful death, you should be ready to present some documentary proofs. First, keep the documents that say the defendant owed the victim some kind of service or care. You should also present proof that the other side failed to fulfill this duty, and this careless action led to death. Claiming wrongful death is usually made by a member of a victim’s family. This in particular includes:

  • Immediate family: wives, husbands, children, adopted children, parents (if the victim was single);
  • Distant family members: grandparents, siblings;
  • Life or domestic partners;
  • Those financially dependent on the victim and now bearing financial losses because of their death.

Consult this link to find out more about who can claim it.

The Last Advice and Conclusion

When claiming, one must follow the exact time limitations defined by the law in your state and country. The only exception is made when the investigation of the death lasts longer than this term presupposes. So, don’t be afraid to claim compensation and use this knowledge to defend your rights.

Related To This Story

Latest NEWS