Coping with the loss of a loved one due to wrongful death is an overwhelmingly painful and challenging journey. Beyond grappling with the profound grief, families must also navigate a demanding legal process in pursuit of justice. It’s a heavy burden that adds to the pain and it serves as a constant reminder of the absence of their loved one. 

What is a wrongful death claim ?

Wrongful death occurs when an individual passes away as a result of the negligent, reckless, or intentional actions of another party. Some common circumstances that result in wrongful death include car accidents, medical malpractice, defective products, workplace accidents, or criminal acts. Wrongful death claims are typically filed by the family members or beneficiaries of the deceased individual that are seeking compensation for the damages they have suffered as a result of the death.

Can I file a wrongful death suit?

Whether you can file a wrongful death lawsuit depends on the specific circumstances surrounding the death of your loved one and the laws in your jurisdiction. Some of the criteria to consider when filing your claim are proof that the death was caused by negligence or by a wrongful act, proper legal standing, proof of damages, and the statute of limitations. 

Negligence/ Wrongful Act: In order to file a wrongful death suit, it is essential to prove that the death was caused by negligence, recklessness, or intentional actions of another party. A negligent/reckless act involves a failure to exercise the level of care that a reasonably careful person would exercise in the same situation. An intentional action would be a deliberate or purposeful act carried out with the knowledge and intent to cause a specific outcome.

Legal Standing: In order to have the proper legal standing to file a wrongful death suit,you would typically have to be considered a family member and/or a beneficiary to the deceased. This would include spouses, children, parents, or other close relatives of the deceased.

 Damages: To get compensated in a wrongful death suit, you must also have adequate proof that you have suffered damages as a result of the death. These damages can include financial losses such as medical expenses, as well as emotional pain and suffering.

Statute of Limitations: There is a limited amount of time within which a wrongful death lawsuit must be filed in order to be processed, known as the statute of limitations. This time frame does vary by jurisdiction as well as the specific circumstances of the case.

Dealing with the pain of losing a loved one,  along with the complexities of a wrongful death claim is an immensely challenging ordeal. At Kooi Law, we understand the weight of this burden and are dedicated to providing support during this difficult time. Our compassionate team strives to simplify the process, offering guidance and expertise every step of the way.