Wrongful Death Q&A

| Apr 30, 2015 | Firm News |


When a loved one dies unexpectedly, the world immediately shifts. Although compensation can never replace a loved one, it can help ease many of the financial burdens associated with a sudden, fatal accident.

Here’s what you need to know about wrongful death claims, and what your next step should be if your loved one’s passing was the result of the negligence of another person.

1. What Constitutes “Wrongful Death?”

In order to pursue a wrongful death claim, it is necessary to examine the circumstances surrounding the accident. There are a few situations when it is appropriate to file a wrongful death claim, including:

  • When a person is killed in a car accident that resulted from the carelessness or negligence of another driver. In circumstances where vehicle defects were at play, the claim may be brought against the manufacturer of the vehicle or its parts.
  • When a person dies as the result of medical malpractice. When a physician fails to provide an acceptable standard of care and the patient dies as a result, the family of the deceased may be able to pursue a wrongful death claim against the treating physician or hospital.
  • When a person is intentionally killed by another person. In cases of murder, and even manslaughter, the victim’s family may be able to bring a wrongful death claim against the perpetrator in addition to criminal charges that are filed by the state.

2. Who Is Allowed to File a Claim of Wrongful Death?

Generally speaking, a dependent of the deceased must bring forward a wrongful death claim. For example, the children of a deceased parent may file a claim, or a spouse may do the same.

In cases where the familial relationships are more distant, substantial proof must be shown that a damage award is appropriate.

3. What Will a Wrongful Death Claim Pay For?

Damages in a wrongful death claim can help pay for many of the unexpected costs associated with the death of a loved one, including funeral and burial costs, loss of income and loss of consortium.

Additionally, damages may cover medical costs if the individual was treated by a hospital or medical professional in relation to the fatal condition.

Contact the Sarkisian Law Offices Today

When a loved one passes away as the result of a sudden accident, life will never be the same.

At the Sarkisian Law Offices, we understand the challenges you are facing now and will face in the future, and we are dedicated to providing you with compassionate, zealous representation during your time of need. Contact an experienced wrongful death attorney at our office today for a consultation to discuss your case by calling 219-733-8904.