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When families should consider a wrongful death claim

On Behalf of | Dec 20, 2022 | Civil Litigation |

When a family member passes away, it may be possible to pursue a wrongful death claim. This can help to cover some of the costs in the same way that it would help to pursue a personal injury claim. Any time someone passes away unexpectedly, it can get expensive, and families need to know their options.

This is even more important in a scenario where the person who passed away is the main breadwinner for the family, and that family may have lost decades of future earnings. It’s very important to determine the financial impact of that passing and how compensation may at least make up for these financial losses.

3 key factors

Three different factors must be considered for a wrongful death case to exist. These all have to exist simultaneously. They are as follows:

  1. Someone in your family has passed away.
  2. That person’s passing was caused either by another person’s negligence or intent to cause physical harm, even if they did not intend to take a life.
  3. The family members who are remaining have suffered significant harm of a monetary nature.

This makes it sound simple, but it helps to see how all the steps work together. Simply because someone passed away is not enough, as fault for that passing has to be determined. Even in situations where fault is determined, a wrongful death case may not make sense if there is no monetary harm. All three things have to happen simultaneously, and then you may be able to pursue proper compensation.

Questions to ask

Exactly how much that will be will depend on the situation’s specifics. Did the person pass away in a car accident or unfortunate event? Were they the victim of a crime? Were they at work when it happened? What had to be paid in funeral costs and medical bills? What other financial costs may exist now and in the future?

These are all important questions to ask, and it’s also wise to take some time to look into your legal options. A case like this could be very important for your family’s future, and you must ensure you get the details right.