Wrongful Death Claims

A wrongful death occurs when a person is killed as a result of the negligent, reckless or unlawful actions of another. While nothing can bring back a loved one, a wrongful death lawsuit can be filed by the victim's surviving relatives to seek financial damages from the offending party. There are many reasons to seek compensation in the event of a wrongful death; to pay for medical bills, funeral expenses, lost wages and loss of companionship. The family can also seek punitive damages in an effort to punish the responsible party for their negligent acts which led to your family member's untimely passing.
While a wrongful death can occur from any kind of negligence; most commonly they result from medical malpractice with a shocking 98,000 accidental deaths per year. Medical malpractice can include a misdiagnosis or failure to diagnose the patient correctly, a surgical error and substandard care during hospitalization. According to the Institute of Medicine, one in five medical errors is potentially serious or even fatal.
Another leading cause of wrongful death is motor vehicle accidents. In cases of car, truck or motorcycle accidents, the responsible party is usually the negligent driver. This is especially true of accidents caused by a party driving under the influence, which accounted for 41 percent of traffic deaths in 2002 according to the National Highway Traffic Safety Administration.
Workplace fatalities and slip and fall accidents result in another portion of wrongful deaths in the United States. Slip and fall accidents occur because of improperly lit walkways, slippery or obstructed paths or a lack of cautionary signs and warnings. Workplace fatalities can range from traffic incidents to assault to exposure to harmful chemicals and anything in between. There were 5,840 workplace fatalities in 2006, according to The U.S. Department of Labor.
While a wrongful death can happen to anyone, only certain family members and dependents can sue for lost wages or pain and suffering. Immediate family members, such as the spouse and children of the deceased can sue in any state. Most states allow life partners, extended family and anyone financially dependent on the deceased to seek damages in a wrongful death case, but each state is different.
Compensation sought from a wrongful death case can include compensatory damages—both economic and non-economic, punitive damages, and interest and attorney's fees. Economic compensatory damages will include medical and funeral expenses in connection with the death, the victim's lost earnings, and loss of benefits and an inheritance. Non-economic damages will include mental anguish, pain and suffering or any emotional damage from losing a companion and partner. Punitive damages can be sought to punish the responsible party. In most states these damages are not available and are not recoverable from certain parties, namely government agencies. Lastly, attorney's fees and interest accrued can be recovered in some states, for large or drawn out cases.
Each state has their own wrongful death law, if you have experienced an untimely and accidental death in your family, please contact a Rio Grand Valley personal injury lawyer who specializes in wrongful death cases.