Medical professional holding a spiral notebook with wrongful death on the front

What Is a Wrongful Death and How to Claim It

When a loved one unexpectedly passes away, it can be one of the toughest things you’ll ever have to deal with. The situation can become even worse when the death was a result of someone else’s negligent or criminal actions. In these situations, a wrongful death attorney in Boca Raton may be able to help you file a claim against that person and get compensation for the death of your spouse, child, parent, or other loved one. Still, these types of claims can be difficult so it’s important to understand exactly what constitutes wrongful death and what you need to do to file your claim.

Understanding the Legal Definition of Wrongful Death

The law defines a wrongful death to be the death of a person that resulted from another individual’s wrongful or illegal action. The most common type of wrongful death is one that results due to negligence on behalf of an individual or business. For instance, if a person was killed at work and the accident could have been prevented if not for the company or another employee’s negligence, this gives that person’s family strong grounds to file a wrongful death suit. An attorney for wrongful death can also help you if your family member died in an automobile accident that resulted due to another driver’s negligence.

You can also file for a wrongful death claim if the person died due to another individual’s criminal activity. Murder and manslaughter both qualify as wrongful deaths as does death that occurs due to an assault or during the person responsible for committing another crime.

What Type of Compensation Is Available in Wrongful Death Claims?

If the court determines that the deceased person’s death was wrongful, the deceased’s family members can receive compensation from whatever party or parties are determined to have caused the death. This typically includes compensation for pain and suffering as well as additional damages to cover the loss of future financial support.

In cases where a person files a wrongful death suit for their deceased spouse, the compensation can also cover the loss of lifetime companionship and financial support. If a minor child files a wrongful death claim for their parent, the compensation will include companionship as well as whatever financial support the child would have received until they became an adult. This could potentially include additional compensation for college or education as well. For parents filing a claim for a child, the compensation will only include pain and suffering due to loss of companionship.

Proving a Wrongful Death Claim

Some wrongful death cases are straightforward and easy to prove such as if the death occurred due to murder or another proven crime. However, a wrongful death that resulted from negligence can be much more difficult since it will be up to you and your attorney to prove that the other party was legally negligent. Either way, you will need an attorney for the wrongful death claim. When filing a claim, it is essential that you choose an attorney that is experienced in personal injury claims and wrongful death suits as this will give you the best possible chance of winning the case.

At Bernstein | Polsky, our wrongful death attorneys in Boca Raton can help you file your claim, prove your case, and get the compensation you deserve. We understand that dealing with the death of a loved one is never easy, and we are ready to fight on your behalf until you’re rightly compensated. If you’re looking to file a wrongful death claim or another personal injury suit, contact us today and let our professional attorneys get to work for you.