Losing a loved one is traumatic in itself, but it can be excruciating in case of unexpected or wrongful death. While it can leave you scarred for life, you may also face financial setbacks when a family member dies in an accident or a situation that could be avoided. The bereaved family has a right to approach the insurance company and claim financial compensation for the wrongful death of their loved one in such an event. However, it is better to know the law well enough before you file a wrongful death claim because it keeps you one step ahead of the insurance company. Here are some facts that you need to be aware about.
When is the wrongful death claim applicable?
As the name suggests, a wrongful death insurance claim is applicable when someone dies due to another party’s careless, unreasonable or unlawful behavior. In some cases, it may also happen when the party at fault failed to take any appropriate action. From death due to drunken driving to medical malpractice or lack of premises security, various types of incidents are covered under wrongful death claims. The common factor is that death occurs due to the negligence of the responsible party. Hence, it is necessary to prove to the insurance company that there was negligence to make a solid case under this law.
Who can file a claim and recover damages in such cases?
Basically, a representative of the deceased’s estate can file a claim on behalf of the survivors. The law defines the people who can be treated as survivors and it differs from state to state. The spouse of the victim is entitled to compensation in all states. Minors can file a lawsuit in case of the death of a parent(s) as well. Similarly, parents can claim for the wrongful death of minors who have died in an accident due to someone else’s negligence. The norms for states vary when it comes to deciding whether adult children, siblings, grandparents, cousins, and extended family can be deemed as survivors.
What damages are available in wrongful death claims?
Before you file a claim, you need to know the damages that will be included in the compensation so that you can calculate a fair amount. Typically, the value of compensation includes the medical expenses you made on the deceased’s final treatment, cost of the pain and suffering of the victim and burial and funeral costs. It also includes the loss of future earnings of the deceased and loss of financial support, consortium, and care and protection for the family. In some cases, you may even be entitled to punitive damages due to the wrongful behavior of the guilty party.
Even if you may be in pain and shock after losing a loved one, you should still file a claim sooner rather than later. Once you decide that you have sold ground for filing a wrongful death claim for the loss of a loved one, you should consult an experienced lawyer to handle your case. From negotiating the case with the insurance company to providing legal guidance when you need to file a lawsuit, they will take care of everything for you.
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