What is a wrongful death claim and who is involved?
Any fatality that is caused by negligence can lead to what is called a wrongful death claim. This includes accidents that are caused by drunk drivers, by defective cars, medical malpractice and others. A wrongful death claim is only applicable when the victim who might otherwise have a personal injury claim is killed due to either negligence or a deliberate harmful act. This can happen in a number of ways such as:
When the victim dies due to neglect – This can happen when a person accidentally kills someone they didn’t mean to. Take the case of OJ Simson for example. He was sued for the wrongful death of his ex and Ronald Goldman.
Death caused by a car accident – When a person dies due to injuries sustained by a car accident, then their loved ones can file a wrongful death claim and receive compensation.
Due to medical malpractice – Medical malpractice can be claimed if a person dies due to a faulty diagnosis by doctor or if the doctor did not care of the patient as much as he/she should have which resulted in death. In such cases the family of the deceased patient can file a wrongful death action against the hospital and the doctor involved.
These were just a few common examples of conditions that merit a wrongful death claim but it can also be based on almost any kind of injury situation. The only conditions that are somewhat exempt from this are fatal work related injuries whose claim is usually handled internally by the company involved and through their worker’s compensation system.
Who can sue?
When the victim has passed away, a wrongful death claim can be filed by his/her representatives or survivors who suffered from physical and mental trauma at their demise. These are referred to as ‘real parties of interest’ and their represent ace is typically the executor of the victim’s estate but this can differ from state to state. One of the following can also be said parties of interest:
Immediate family members of the deceased – this includes children, partners, spouses, adopted children if any. Parents of unmarried children who died due to negligence can also file the claim on their behalf.
Distant members of the family – In some states distant family members of the deceased can also file this claim such as grandparents or brothers and sisters. This also includes individuals who believe they were married to the deceased. These are referred to as putative spouses and they also have a right to file this claim and the right to recovery.
All individuals who suffer financially – In some states people who were financially dependent on the victim can also file a wrongful death claim even if they are unrelated by blood or by marriage.
Wrongful death? Call Attorney Javier Marcos
If your loved one died due to someone’s negligence call attorney Javier Marcos and Associates. They will be your legal representatives and will ensure you file a successful wrongful death claim. Call them by dialing 713-999-4444 / 1(800) 444-8118.