What Is A Wrongful Death Action?

The sudden loss of a loved-one is a heart-wrenching experience. If the affected family realizes that someone else’s negligence caused that death, then the same family can file a wrongful death action.

A wrongful death action is a civil action.

It goes my different names, in different legal systems. In some, it is called a wrongful death claim; in others, a wrongful death lawsuit.

Who can file such a lawsuit/action?

The spouse, children and family members of the deceased accident victim have a right to file such a lawsuit. One of those named relatives sues the responsible party.

What damages get covered by such a claim/action?

• The loss of financial support, if the deceased victim had been supporting one or more family members.
• The loss of guidance, care and compassion: This refers to the nature of assistance provided by a parent or grandparent.
• The actual expense of medical treatment, if an effort was made to save the now-deceased victim.
• The cost of the relatives’ journey to their loved-one’s bedside.
• Reimbursement for the amount of time devoted to visiting the injured and dying relative.

Regulations that relate to the filing of such a claim

A claim must be filed within 2 years of the accident that caused the loved-one’s death. The family must support its claim. It must produce proof of negligence on the part of the person named responsible for the relative’s death. In other words, it must show that the same person had a duty of care towards the deceased, but breached that duty of care. Furthermore, the family must show that the breach caused the deadly accident.

Regulations that relate to the money granted to the grieving family by the terms of the settlement.

Personal Injury Lawyer in St. Catharines know that creditors cannot claim a portion of that settlement money. A creditor would need to argue his or her case in a small claims court, in order to seek some portion of the money that has been granted to the rewarded family.

Some distant family members could not claim an automatic right to some portion of the granted reward. For instance, a former spouse could not demand a chance to share the reward with an existing spouse. On the other hand, an existing spouse would have the right to arrange for the granting of a portion of the award to a former spouse.

The same would hold true for a brother and a step-brother or a sister and a step-sister. A child that had been formally adopted by a deceased parent would have the same status as any of the natural-born siblings. If someone questioned that status, then the adopted child might need to seek a lawyer’s services, in order to access the granted money.

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