Unjustified death is a generally accepted description for the result of taking the life of an individual resulting from the willful act or negligence of another person or persons. If a person died due to negligence or misconduct of one or more persons, beneficiaries or survivors of the deceased may file an action for wrongful death against the tortfeasor or those responsible for death.
Contrary to the criminal prosecutions, which are brought by the government, private citizens bring to the tort actions. Laws governing this field of the right of the criminal responsibility, and unjustified statutes of death vary from one State to another.
However, these days every state has some form of wrongful death statute in place. In general, the statutes define who can sue for wrongful death and any restrictions on compensation for damages.
Some forms of unjustified death may include:
- Negligence as careless driving
- Slip and fall accidents
- Intentional attacks such as assault
- Medical Disclaimer
- The death in the course of another crime
- Vehicular manslaughter
- Involuntary Homicide
A claim of wrongful death generally consists of four elements:
- The death was caused, in whole or in part, by the defendant’s conduct.
- The defendant was negligent or strictly liable for the death of the victim.
- There are survivors and/or beneficiaries of the victim.
- Monetary-damage resulted in death of the victim.
However, there are tortuous action remedies, including monetary damages and injunctions, which are court a forbidding particular behavior. If you think that a loved one is a victim of wrongful death, the first thing to do is contact an experienced lawyer in wrongful death that will fight for the compensation that you and your family deserve.
Some of compensation may include:
- The expenses incurred by the death of the victim (medical, funeral, etc..).
- Loss of expected future revenues throughout the life of the victim
- Lost benefits due to the death of the victim (insurance, pension or medical retirement funds, etc..)
- Reversion-Pain, suffering and mental anguish caused by the loss of the victim
- Support, care or protection lost due to the absence of the victim
- General and punitive damages.
As noted above, states vary on this, but in general, it is clear that the immediate family (spouse, children and parents) may request an action of wrongful death against the tortfeasor. In some states, grandparents, people with legal support and even the extended family may file. Also note that there is immunity against other family members. Family members can not file a claim for wrongful death against another family member. With each of the states that have variations on this right, contact someone who will help you understand these changes in the law and your rights as a survivor.
States also have different deadlines for filing a claim of this kind. Do not hesitate if you are a survivor in a wrongful death. Immediately contact experienced lawyers who take the time to listen to you, protect your rights as a survivor and you get the necessary compensation required during this troubled period.