If you have ever heard, we come across cases where sudden death is caused, and the criminal is not such a serial killer. The cause of death, in most cases, is negligent, reckless, or intentional conduct of another person, group, or entity; such cases are termed Wrongful death. Of course, whatever the cause is, nobody can ignore a human loss. But what can we do in such cases? Can we file a case, or do the dependents of the victims get some compensation value?
We have a solution to this with our Indian Judiciary; we have certain laws for such crimes.
This blog post will examine the wrongful death case and how you can hire a criminal defense.
What Is Wrongful Death?
Another person, group, or entity’s careless, reckless, or willful conduct causes wrongful death. When the direct actions of a person cause the death of another individual, the dependents left behind, such as families or other persons, may have a right to make a legal recompense claim. These claims are filed through civil law and not as criminal charges, although criminal lawyer charges can also be brought before the court against the guilty.
Nothing will recover a lost loved one through a cheque. Still, the lawsuit opens ways to award wrongful death compensation in the form of tangible and economic damages to the victims’ families due to intangible psychological damage leading to death. Let us dive into this aspect with the definition of wrongful death and what exactly it includes:
Key elements of a wrongful death claim:
Some conditions must be met before a wrongful death claim is filed. Normally, the basis for a wrongful death claim usually rests on the following elements:
The Negligence or Misconduct of the Defendant: Death has to result from the negligence or willful conduct of the defendant. This could encompass several scenarios, such as the following:
Car accidents result from reckless driving or drunk driving:
Death resulting from an irresponsible doctor or failure to perform the medical procedure correctly.
Death from product defects that can cause fatal injuries or accidents:
Premises liability that results in death from poor conditions on someone else’s premises.
Workplace deaths that result from an accident due to the negligence of his employer.
Causation is that the act performed by the defendant must directly cause death to the deceased. For instance, in a car accident where one person dies due to negligence by another person, it is the causation whereby the act will result in death, and the legal term refers to it as “causation.”
Damages: The remaining family members should prove that they have been seriously affected by the death. This harm can be emotional or financial. For instance, the surviving spouse will suffer emotional harm, while children or dependents will face economic loss because of the loss of income from the deceased.
Eligibility to sue: every state has provisions that show who may file a wrongful death. In most jurisdictions, close family members include spouses, children, and parents. In some other states, it allows distant family members or financial dependents to bring.
General Causes of Wrongful Death
There are so many circumstances that would lead to wrongful death. Some of the common causes include:
Motor Vehicle Crashes: Being a drowsy, intoxicated, or reckless driver in auto accidents is primarily responsible for wrongful death cases. Pedestrian deaths, trucking accident deaths, or motorcycle deaths are not infrequently fatal either.
Medical Malpractices: As the most common medical malpractice includes misdiagnosis, surgical error, and wrong medication, patients may meet their worst death.
Product Defects: A manufacturer is liable for wrongful death whenever a defective product can cause harm. This could be an unsafe vehicle, a faulty household appliance, or medicine.
Workplace Accidents: Sometimes, workers get killed due to unsafe working conditions, improper training, or lack of adequate measures for safety in their work environment.
Criminal Acts: There also may be instances of intentional wrong-doing, where it’s a violent crime, a violent assault which becomes homicidal in its ultimate act. Even if prosecuted and convicted by the criminal court against the defendant, then civil wrongful death can still be brought by the plaintiff victim’s family.
The right to bring an action for wrongful death also varies depending on the state, although in general, the persons that may have the rights to file an action for wrongful death are the following ones:
Spouse: Generally, among the persons who have a right to file a wrongful death suit are the surviving spouses.
Children: If the dead have children, they could also claim it.
Parents: In case the death of a minor child occurs, parents can make wrongful death claims.
Other dependents: In other circumstances, other dependents, such as siblings or financial dependents, can claim in court.
Remuneration in Wrongful Death Claims
Claims based on wrongful death attempt to offer the family monetary compensation for the loss due to death. In any case, some possible allegations that the family can claim include:
Funeral and Burial Expenditures: The costs for preparing a funeral and burial can be recovered.
Medical Expenditure: Such costs can be recovered if the deceased was under medical care before death, owing to the incident.
Loss of Earning Capacity: The bereaved family can recover damages if the deceased is the breadwinner.
Pain and Suffering: Surviving family members may recover damages for emotional distress and mental pain and suffering caused by death.
Loss of Earning Capacity: In cases where the deceased was a family breadwinner, compensatory damages are recoverable by the grief-stricken family.
Pain and Suffering: Surviving members can recover damages for emotional anguish and mental pain and suffering as a consequence of death.
Loss of Consortium: In extraordinarily few judicial jurisdictions, surviving spouses are permitted to recover damages for loss of consortium with a deceased spouse who could have provided additional comfort, love, friendship, or support. Nothing is as devastating as the loss of a loved one.
Conclusion
Nevertheless, bringing such actions in courts, in various respects, brings some pecuniary relief with an imposition of responsibility. Engaging a personal injury lawyer who understands how laws and procedures differ from one state to another is well-advised. They will explain the legal complexities and ensure that your family receives the compensation due.
