Personal Injury Law Articles
What Qualifies As A Wrongful Death And Who Can Sue On Behalf Of The Deceased?

The only thing that makes losing a friend or loved one worse is when they are tragically taken from you because of something other than a natural cause. When someone else’s neglect results in a death, it’s up to those left behind to file a wrongful death claim for them. While a lawsuit cannot change the events that took place, it’s still important to pursue those who are responsible for your loved one’s death.

So, what qualifies as a wrongful death?

• Death due to a side effect caused by a prescribed prescription drug

• Death by exposure to harmful chemicals such as asbestos, due to employer or manufacturer neglect.

• Defective products such as automobile airbags, baby seats and products, power tools, scaffolds and tires.

While these are a few common examples, there are still a wide variety of situations that will qualify as a wrongful death. If you’re not sure if you have a case, you should seek professional advice from an accident lawyer who can determine your claim. Typically, if the deceased would have been able to file a claim had they not passed away, then a wrongful death lawsuit should be considered.

Who can sue on behalf of the deceased?

This depends on the laws in place in the state the wrongful death took place, but in most cases it is limited to only the immediate family members such as spouses, children, and parents. In some states it may also include more extended family such as grandparents or any legal dependents.

Can I be compensated for my emotional distress?

Again, this depends largely on the laws in your state. But unfortunately, New York does not permit a person to receive compensation for the emotional distress and suffering caused by the wrongful death. Those states that do allow such compensation usually only award very modest amounts. However, you can file a claim for the pain and suffering of the deceased before they passed, as well as what are considered economic losses. An example of an economic loss is the loss of parental guidance and other similar services the deceased would have been providing had they not passed.

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