Reasons to File a Wrongful Death Claim
A wrongful death claim is a civil lawsuit that a qualified family member files against a named defendant who caused the death of the victim through negligence. In all states, wrongful death claims usually require the plaintiff to prove that a qualified member died, the death resulted from another person’s negligence, and that the wrongful death led to financial losses for one or more surviving members.
Most state wrongful death statutes prioritize family member’s claims based on the closeness of their relation to the deceased victim. The family members qualified to file a wrongful death claim usually include spouse, child, parent, siblings, grandchildren, and nieces and nephews. However, if these relatives aren’t available, the state can let others file a claim if they’re able to prove that they’re entitled to compensation.
With this in mind, listed below are some good reasons to file a wrongful death claim if you’ve gone through the painful process of losing a close family member due to someone else’s negligence.
Justice
In the event of a wrongful death due to the negligence of another person, there may or may not be criminal charges brought against them for it. That said, a wrongful death lawsuit can still be a way for the family of the deceased victim to get some semblance of justice and hold the responsible party accountable for their negligent actions.
Deterrence
Along with getting justice for your lost loved one, a wrongful death suit can make it clear that the negligent or intentional behavior that caused the death will not be tolerated any longer. Since significant damages can be awarded in these cases, this would definitely deter others from repeating these behaviors that could lead to the deaths of innocent victims. Wrongful death claims also clearly show that negligent behavior can have long-lasting consequences for the victims and their family members.
Financial Compensation
Wrongful death claims can also provide the victim’s family with the financial support they need if the deceased family member was a significant financial provider.
Some of the expenses a family might have to deal with after the death of a financial provider include medical bills, the pain and suffering of your loved one, funeral expenses, lost wages, insurance benefits, loss of companionship or services, and more.
Along with financial compensation, you may also be entitled to punitive damages. These could be rewarded if the defendant demonstrated complete or conscious disregard for your loved one’s safety when causing their death.
The compensation for the incurred damages isn’t meant to represent the value of your loved one’s lost life, but is instead supposed to help relieve the financial burden caused by their death.
Contact Our Wrongful Death Lawyers at McShane & Brady Today
Contact McShane & Brady or fill out the form on our website to schedule a free consultation with our wrongful death lawyers in Kansas City, MO today. Our team will get back with you within one business day.
McShane & Brady is a Kansas City law firm that represents those who have been injured due to the negligence of others. We have successfully represented many victims over the years, and have won millions in settlements. If you or a loved one have been injured and are seeking compassionate attorneys with a proven track record of success, give us a call at 816-888-8010.