Who files a wrongful death claim?

Wrongful death claims can be made after accidents happen. Accidents can occur on a daily basis due to a variety of situations. These accidents can cause injuries to individuals. With severe enough injuries, individuals may suffer and die. These individuals may be classified as a wrongful death. When they die due to the negligence of another party, that party may be held liable for their situation and eventual death. When this occurs, there is still an opportunity to seek this liability although the individual has died. Their family and loved ones can take charge and seek liability on their behalf. This can help a family with the grieving process. They may be able to grieve quicker or have a better healing process when placing the liability on someone.

When an individual has been involved in an accident that has resulted in a wrongful death, their family has rights. If your loved one has died due to another party’s negligence, you could be entitled to compensation for your losses. For incidents of wrongful death, the personal representative of the estate must file a wrongful death claim on behalf of the surviving spouse or domestic partner. If there is no surviving spouse or domestic partner, then the next in line would be children, parents or siblings. They are then able to file a suit.

What can I gain from this claim?

Wrongful death claims can allow you to recover money for a variety of expenses. This can include medical expenses prior to death, pain and suffering of the deceased, lost wages for your loved one’s future economic earnings, mental anxiety and emotional distress suffered by family members, the value of the services for your loved one, the loss of guidance and counsel a parent would have provided to a child and the loss of support and companionship of a spouse, a parent or a child. If the deceased party had a will, damages will go to the estate and allocated in proportion to the loss each loved one suffered. Without a legal will, the district will follow a set formula to allocate the damages. For these cases, it can be beneficial to gain the help of an attorney. They can present you with options and guide you along the process.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.