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Understanding the Fundamentals of a Wrongful Death Claim

Wrongful death claims exist so that if a person dies because of the acts of another, the survivors of that person have the option to file a lawsuit requesting compensation for losses.

A wrongful death lawsuit may be necessary when a death occurs because of the negligence or fault of another person, business or organization. This relatively new law was developed in the last 100 years to allow survivors of a decedent to sue the party they believe is liable for wrongdoing. These claims can stem from situations including car accidents, medical malpractice or negligence, or product liability.

A representative party, such as an executor of the decedent’s estate, may file a wrongful death claim on behalf of the survivors. Other individuals who may be able to file a wrongful death claim include surviving family members or any person who experienced financial loss from the individual’s death.

Because wrongful death claims may arise from a wide variety of situations, these lawsuits may be filed against people, companies, government agencies and employees. In certain cases government agencies and specific individuals may be immune from wrongful death claims.

Damages caused by wrongful death

Those who file a wrongful death lawsuit may claim damages for financial or nonfinancial reasons. The financial reason for filing a wrongful death claim is to cover monetary contributions the decedent would have made if they were still alive. Non-financial claims may be made for mental suffering over the loss of the loved one, loss of a service such as protection, training or nurturing from the decedent and also loss of companionship or love.

Each wrongful death claim has its own challenges and complexities under the law. If a friend or family member has died due to the irresponsible actions or negligence of someone else, meet with a compassionate Atlanta wrongful death lawyer at McMenamy Law LLC.