Wrongful Death

When your loved one’s death is the result of negligence, whether by a person, a company, or an organization, the law allow heirs of deceased to file for compensation for the loss of support, love, and care of their family member. This procedure is called a ‘wrongful death claim.’

Trustee of Wrongful Death:

During the proceedings of a wrongful death suit, a person appointed by the judge to represent the heirs of deceased is referred to as a trustee.

The lawsuit of wrongful death is prepared against the company or individual who is directly or indirectly responsible for the events that led to the wrongful death. In most states, in order to obtain the financial compensation, the law demands that the trustee provide substantial evidence that supports that the defendant’s fault was more than the mistake of deceased person.

Compensation of the Loss:

The lawsuit of a wrongful death is not trialed under criminal prosecution — the federal prosecutors or the state can only deal with criminal charges. The core reason for a wrongful lawsuit is to claim compensation for the heirs of the deceased rather than to punish the culprit.

Laws in every state are different in terms of compensation of losses, but a few basic principles are the same regardless of state.

  • Every state allows the recovery of lost income of the decedent that should be provided to their heirs and loved ones.
  • Most of the states do not allow the recovery of anger and grief tolerated by the heirs and loved ones. However, they are allowed to receive monetary compensation for the loss of companionship, comfort, care, and advice the deceased provided when they were alive.
  • Few states do allow monetary damages of pain and grief tolerated by heirs or loved ones of a deceased person

What are different types of wrongful deaths that can be challenged for monetary compensation of heirs?

Lawsuit of wrongful death is usually prosecuted in cases of:

  1. Medical malpractice
  2. Product liability
  3. Auto accidents
  4. Situations in which a mistake of another person (but not an employer) is responsible for death cause. In many states the lawsuit of wrongful death is not allowed if death is caused merely by the mistake of a deceased employer, worker or coworker

In many states, the law allows families to conveniently sue for compensation for the death of an unborn baby as part of an accident (as a result of defective product, medical malpractice or other causes).

What happens once the monetary compensation is available by the accused party?

When the lawyer of wrongful death or trustee receives the financial compensation according to the settlement, the court has the right to endorse the death settlement and divide the funds with mutual agreement among the heirs. Mostly, kindred or heirs agree on the money division settlement with the judge. In some cases, kindred or heirs do not agree upon the money distribution or think this might be unfair to them. In all such cases, the judge takes the stand to decide the settlement among each heir. All heirs must follow and obey the wrongful death settlement decisions taken by the judge

If you would like to learn more about a wrongful death lawsuit or have any questions regarding your legal rights, please contact us.



October 13, 2015