Losing a loved one is never easy, especially when the death was caused by someone else’s mistake or negligence. When this happens, it’s called a wrongful death. The family left behind may be able to file a lawsuit to seek justice and financial compensation. This legal process can help cover the costs they’ve suffered and support them through a difficult time.
Families in states like California, Texas, and Florida often rely on legal support for families after a wrongful death to understand their rights and take the right legal steps.
Understanding Wrongful Death Claim
A wrongful death claim is a type of civil lawsuit filed when someone dies due to the careless, reckless, or intentional actions of another person or group. It is not the same as a criminal case. Instead of putting someone in jail, this lawsuit helps the family get money (called “damages”) for the loss.
These claims are often filed in cases like car accidents, medical malpractice, workplace injuries, or defective products. According to the Centers for Disease Control and Prevention (CDC), over 222,698 unintentional injury deaths occurred in the United States in 2021 alone. Many of these may lead to wrongful death lawsuits when another party is legally responsible.
Types of Damages in Wrongful Death Claims
Wrongful death damages fall into two main categories: economic and non-economic. In some cases, punitive damages may also be awarded.
1. Economic Damages
These are the financial losses the family suffers due to the death, such as:
- Medical expenses related to the final illness or injury
- Funeral and burial costs
- Lost income and future earnings the deceased would have provided
- Loss of services, like childcare or housework the person used to do
2. Non-Economic Damages
These are harder to measure but just as important. They include:
- Pain and suffering of surviving family members
- Loss of companionship, love, and support
- Emotional distress, especially for close relatives like spouses or children
3. Punitive Damages
In rare cases, if the person who caused the death acted with extreme carelessness or on purpose, the court may award punitive damages. These are meant to punish the wrongdoer and stop others from doing the same thing.
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death claim. Most states allow only certain people to bring the case. These usually include:
- The spouse or domestic partner of the deceased
- Children, including adopted children
- The parents (especially if the deceased was a minor or had no children)
- In some cases, the executor of the estate or other close relatives
Each state has its own rules, so it’s important to check who qualifies based on the place where you live. There is also a time limit for filing the claim, called the statute of limitations, which is often two years from the date of death but can vary.
Conclusion
Wrongful death claims offer a significant way for families to get compensation after the tragic loss of a loved one. These damages can help cover medical bills, funeral costs, lost income, and emotional pain. While no amount of money can make up for such a loss, it can give families the financial and emotional relief they need to begin healing.
If you’ve lost someone due to another person’s actions, it’s important to seek legal advice. With the right legal support, you can understand your options and protect your family’s future.