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Completing Paperwork For Your Personal Injury Case

Do You Have Grounds For Pursuing A Wrongful Death Claim?

22 October 2018

Christopher Wilson

Wrongful death law is a section of the legal system that covers a lot of ground, and those who believe they lost a loved one due to another party's negligence may be wondering whether they have grounds to seek compensation. A lawyer who handles these types of claims is considered a kind of personal injury attorney, and the personal harm that's being claimed in these cases is that people have lost companionship, earnings and other benefits of knowing someone. It's those ideas that form the basis of most wrongful death claims.

Survivorship

Spouses of the deceased almost always have standing to seek damages in relation to wrongful deaths, and their dependent children often do so, too. In the absence of a marriage license, however, seeking compensation becomes significantly more difficult. The exception is cases that occur in states where domestic partnerships can be formed as a result of cohabitation. Some surviving close family members may also be able to pursue claims, but the standards are likely to be very high clearing.

Financial Hardship

One of the simplest standards to prove in a wrongful death case is that the loss of an individual might cause you financial hardship. This is frequently why damages are awarded to spouses for loss of earnings potential.

Some people might suppose that the loss of a business partner imposes a financial hardship. This may be the case, but business partners lack standing because they are not considered survivors for legal purposes.

The Duty of Care

As is the case in all types of injury suits, a wrongful death claim hinges on questions of negligence. In every personal injury matter, the biggest question that has to be asked is whether an accused party had fulfilled a duty of care.

The duty of care covers an array of situations. A classic example that's taught to law students is when a driver is making a left-hand turn at a stop sign. The motorist has a duty of care that demands that they look for approaching traffic in all directions before committing to the left-hand turn. They also are expected to watch out for pedestrians who might be crossing the street and even for animals and people who may be nearby.

A duty of care also extends to products. For example, the manufacturer of the airbag system in a vehicle has a duty to make sure it has been tested.

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