The death of a loved one can be a painful and unexpected blow, especially if unnatural. Not only can it be emotionally jarring, but also financially draining. However, if it occurs due to malpractice, you can file a wrongful death claim.
A wrongful death plea refers to a claim against a party whose actions deem them responsible for the death of someone. This could be due to negligence, wrongful acts, or malpractice, such as car accidents, electrical accidents, or surgical errors. Whenever such a situation occurs, it is brought into civil court by a party close to the deceased (usually family members) with the purpose of seeking compensation. Let’s talk about compensation in such situations in detail.
What Exactly is Compensation?
In the US, 9.5% of deaths are due to medical errors alone; given such escalation, the need for justice has also surged. In a wrongful death claim, compensation aims to serve this justice. This is not to say that it rectifies the perpetrator’s actions, but it aims to mitigate their impacts, at least in the material sense. The idea is that if your misconduct was the reason behind someone’s death, you are obligated to pay for the damages to their surviving family members or beneficiaries. This compensation can take three forms:
1. Economic Damages
These refer to material expenses, including the following:
- Funeral and burial expenses: Reimbursing the suer for the costs of arranging the funeral
- Paying for the loss of financial support: Compensation for the support that the deceased could have provided for their family had they survived
- Medical expenses: Covering the costs associated with the injury or illness that led to the wrongful death
2. Non-economic Damages
Non-economic damages entail non-material damages, such as emotional distress and mental anguish. Here, the compensation does not necessarily have to be monetary. Depending upon the plaintiff’s demands, it could be something as simple as an apology and an acknowledgment of wrongdoings by the defendant.
3. Punitive Damages
Unlike economic and non-economic damages, you can only plead for punitive damages when the actions of the defendant are found to be particularly egregious. This occurs when the defendant intentionally acts in a malicious way, leading to a wrongful death. Punitive damages are also likely to result in a higher reward for the plaintiff, as they now include compensation for the petitioner and a punishment for the perpetrator.
Due to the divisive nature of these damages, the laws surrounding them are exceedingly different between states. Michigan, Nebraska, Washington, and Puerto Rico, for instance, do not allow plaintiffs to plead for punitive damages at all. In light of this, moving on may be challenging for those close to the deceased, as they may believe that the perpetrator has, essentially, been let off the hook.
Endnote
In the case of wrongful death claims, it should be remembered that different states have different laws. With an upturn in the claims and the consequent need for reimbursement, a question arises: is compensation enough? With rigorous laws and statute of limitations, the emotional exhaustion of only fighting cases is overwhelming. In these circumstances, the best thing you can do is find a good lawyer to have your back. So lawyer up, rein in, and hope for the best.
