A wrongful death claim is, unfortunately, one of the most common allegations submitted by grieving family members and spouses.
However, a lot of people don’t know what it is, how to claim one, and what to expect in terms of compensation.
Here is everything you need to know about a wrongful death lawsuit.
What Is A Wrongful Death?
A wrongful death claim is a lawsuit that is brought to court when someone dies as the result of another person’s negligence or as a result of some intentional action. The claim allows those close to the deceased person, such as family members, spouses or children, to file a lawsuit against the party who is legally liable for the death. That party can include individuals or companies that were complicit in a worker’s death.
When Is A Wrongful Death Claim Applicable?
A wrongful death claim is applicable when the victim, who would otherwise have a valid and surviving injury, is killed as a result of the defendant’s action. It can happen in numerous situations, including the following:
- Car accident fatalities involving negligence, such as the driver being drunk on the road.
- Medical malpractice, such as if a doctor fails to diagnose a condition, or if the doctor does not provide the right level of care needed.
- A workplace death, such as if a company is negligent in protecting the employee. However, in some cases, this will be handled through the worker’s compensation system.
There are many different situations in which a wrongful death claim can arise. It is advisable to speak to a personal injury lawyer to determine the validity of your application.
What Is Compensation?
Compensation for wrongful death, also known as damages, can cover the following:
- The deceased person’s pre-death “pain and suffering” that they faced because of the defendant.
- The medical treatment costs that the deceased victim incurred as a result of the injury before their death.
- Loss of the deceased person’s expected income, as well as any inheritance as a result of the death.
- The loss of care and nurturing that the deceased would have provided to family members, spouses or children. It can also include loss of love and companionship.
- The costs of the funeral and the burial.
What Do You Have To Prove In A Wrongful Death Claim?
Each wrongful death claim is different, so, therefore, proving the death was wrong varies from case to case. To successfully submit an application, it is essential to speak to a personal injury lawyer in Calgary. Only with their experience in the field, they will be able to provide sound legal support for your claim, as well as any emotional support you need during this difficult period.
At Higgerty Law, we believe in supporting our clients with top-tier legal representation. Everyone is entitled to receiving support for their cases, and we’re the law firm dedicated to helping you. We focus on providing our clients with support and experience for all litigations, particularly for class action lawsuits, personal injury claims, business law and immigration cases, as well as helping victims of crime with a financial benefits program. We are strongly committed to justice and will use our professionalism, expertise and dedication to ensure that you get the legal and personal support you deserve. Get the legal assistance you need with Higgerty Law.