A wrongful death claim makes the assertion that a person has died due to the negligence or actions of someone else, and that the victim’s survivors are entitled to compensation as a result.
A wrongful death claim usually consists of four elements which normally include:
- A death was caused by the negligence or actions of another
- Someone was negligent or liable for someone else’s death
- There is a surviving spouse, children, beneficiaries or dependents
- Monetary damages have resulted as a result of the victim’s death
Compensation in a wrongful death claim may include:
- Medical, funeral and burial costs
- Compensation for the victim’s pain and suffering prior to death
- Loss of financial support
- Loss of future earning potential
- Pain and suffering of the survivors due to the loss of the deceased
One of the most common causes of wrongful death is medical malpractice. Medical malpractice is a term used to describe errors that occur in a medical setting that result in injury or death to the patient. Physicians, dentists, nurses, pharmacists, technicians, hospitals, and nursing homes can all be held legally responsible for medical malpractice.
Medical malpractice is the third leading cause of death in the United States, right behind heart disease and cancer. Over 250,000 people die every in this country as a result of medical malpractice. Breast cancer, lung cancer, colorectal cancer, heart attack and appendicitis are the five diseases or conditions most involved in medical malpractice cases. Misdiagnosis is the major allegation in these instances. Misdiagnosis results in delayed treatment or no treatment, often resulting in death.
Wrongful death and medical malpractice laws are there for your protection. A wrongful death may leave those left behind in a devastating situation, emotionally, financially and legally. Every wrongful death case is different and involves details which must be investigated and studied. There are very complex laws involved in wrongful death cases. The statute of limitations for wrongful death claims varies from state to state.
