Wrongful Death
When an innocent individual’s life is lost in an automobile accident or malpractice case, this person has been a victim of wrongful death. Wrongful death is a civil action claim made by the family members of the deceased. The claim is made against the negligent or intentionally malicious individual, business, or party responsible for the loss.
Elements of a Wrongful Death Case
Typically, a personal representative is assigned to carry out the wrongful death litigation on behalf of the family. This individual will follow the state-set procedures for such a situation.
In order for a wrongful death case to be valid, the following elements must be present:
- Death of a person
- This death was caused by another party’s negligence or malinent
- Family members survived the deceased individual, and are suffering damages as a result of their loss
- A personal representative is appointed to represent the family and the deceased’s estate
When all four components are present, then a wrongful death claim may be successful.
Damages Collected in a Wrongful Death Case
There are certain types of damages that the deceased’s family members may collect in a successful wrongful death claim. These include expenses associated with any necessary medical treatment, the funeral, and the burial; damages to compensate for pain and suffering; any monetary support losses, such as lost wages; and emotional losses. The personal representative will determine how the won damages will be distributed among family members.
Contact Us
If someone you love has been a victim of wrongful death, then you have the right to take legal action against the responsible party. Contact the St. Petersburg personal injury lawyers of Beltz & Ruth, P.A. today at 800-931-4369 to speak with an attorney about your situation.