WRONGFUL DEATH

The term "wrongful death" means that a person's death was due to another party's negligence, and a claim for wrongful death can be filed against another individual, group or company. Wrongful death claims are commonly filed as a result of an accident but may also include criminal acts, work related negligence and professional negligence. In order to collect for damages, you must prove that the other party was, in fact, negligent and their negligence caused the death. In most cases, a wrongful death claim must be filed by a relative of the person who died and, in some States, you must first show the courts that you have the legal right to seek damages against the negligent party.

Filing a wrongful death claim is extremely difficult for families because, not only must they deal with their grief over the death, they must also deal with a very complicated legal situation. It is important to keep in mind that the death was caused due to another's negligence and the family has the right to be compensated for their loss.

A claim for wrongful death may include compensation for the following:

1. Reimbursement for all medical expenses incurred as a result of the negligence.
2. Reimbursement for the loss of any future income.
3. Reimbursement for property damage, if applicable.
4. Reimbursement for any future services normally provided to you by the person who has died.
5. Reimbursement for loss of consortium, meaning a spouse's right to the companionship, help and affection from the person who has died.
6. Reimbursement for any punitive damages if the negligence was found to be criminal.

Every State has a "statute of limitations" (the amount of time allotted to file a claim for negligence). You must protect your family's rights by making sure that the negligent party is held accountable for your loss and, although extremely hard, it is crucial that you preserve any supporting evidence and file your claim within the legal time limits.