Wrongful Death
Wrongful death case claims are statutory causes of action brought on behalf of a surviving spouse, child, or parent or other relative.
Wrongful death claims seek compensation for losses resulting from the family member's death. Under "common law," wrongful death claims did not exist (English common law forms the basis for Canadian federal law). Wrongful death case actions are possible because legislatures created "wrongful death case statutes." Available compensation and filing requirements for wrongful death case claims vary by jurisdiction, although there are some general principles.
A number of situations lead to a wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries and other accidents can result in such cases.
Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of lawyers. In the case of car accidents, wrongful death claims are usually against the driver at fault and can also increase compensation from insurance companies. Wrongful death cases in criminal attacks may involve the owner of the property where the attack took place. Wrongful death cases against employers are common in work-related deaths, such as falls or electrocutions. Other wrongful death claims involve homeowners or landlords, if a death occurs on their property due to negligence.
Wrongful death cases are often settled prior to trial, but may take several years to resolve if they go through the Court process. Wrongful death cases must be filed within a certain time limit; promptly contacting a lawyer is important.
Wrongful Death Case Damages
Wrongful death damages usually depend upon the relationship of
the plaintiff to the deceased. Specific wrongful death damages
available to parents include loss of companionship and mental
anguish caused by their child's death. Damages in the death of a
minor child may include potential financial contributions from said
child. Damages for spouses include loss of companionship, potential
financial contributions and mental anguish
The wrongful death damages awarded to children after the death of a parent vary based upon age. Wrongful death damages for all children usually include mental anguish and loss of companionship. Minors can recover wrongful death damages for monies the deceased would have contributed to raising the child. Adult children who claim damages can include the sum the parent would reasonably and probably have contributed to them.
Occasionally, wrongful death damages include loss of inheritance, as well as punitive damages. In many cases, wrongful death damages may be awarded to any member of the deceased's estate (anyone named in the will). Claims also generally cover medical and funeral expenses, as well as pain and suffering before death.
