What is a Wrongful Death Claim?

Image Credit: workplacepossibilities.com

Image Credit: workplacepossibilities.com

When an accident in a company resulted to the demise of the victim, and if the incident was caused by another person in the same work place or by a product or service provided by the company itself, then the family of the victim or other survivors of the incident can file for a wrongful death claim. This lawsuit will fight for compensation for the loss of a loved one, not just for the emotional pain it has caused, but also by the fact that the now dead person can no longer provide for the people left alive. Winning the lawsuit will account for the funeral expenses and other monetary needs that have to be faced because of the incident.

Basically, when someone dies due to the legal fault of another individual, there is a right for a lawsuit. While this law differs from place to place, it is known that each place has a type of law that is being practiced.

Some of the incidents that involve this kind of lawsuit are automobile accidents, medical malpractice, and product liability. However, it could also happen in the workplace, and it can happen if no proper consideration for employee safety was given by the company to all their staff. This lawsuit can be filed to a person, a company, and even to a government agency, that is deemed at fault for either intentionally committing the act or for their negligence or failure to act.

Who Can Sue?

Representatives of the victim, or representative of the survivors or family of the victim, can be legally authorized to the wrongful death claim. Families or survivors are often termed or called as “real parties in interest” and they can be categorized under this if they are:

Immediate family members. This includes the spouses and children (adopted included), and for cases where the victim is unmarried, his/her parents.

Life partners/ financial dependents/acknowledged spouses. The domestic partner of the victim who are basically their financial dependents, can have the right to file.

Distant family members. This includes the brothers or sisters of the deceased, as well as the grandparents, and all other blood-related people who are in custody or care of the victim or are the only immediate family available.

All persons who will financially suffer from the loss. While this may not be true for all countries, there are places that do allow people who will be financially burdened by the loss, to file a lawsuit, even when they are not related in blood or in marriage, as long as they have been given financial support by the victim and that the loss will also impede in their financial state, they could file and hopefully get enough compensation to appease for their needs.

These kinds of incidents cannot be predetermined and it can happen anytime. While there is promise of compensation especially if you are wronged, it is also advisable that you should have a funeral insurance ready. Yes, the compensation will come sometime, but while the settlement and court proceedings occur, the family will have to put out their own money first in order to settle the medical bills and the funeral services. With an insurance, you would not need to worry about the expenses.

These scenarios in life – the loss of a loved one – are very difficult as it is, and legal proceedings, compensations, etc., are making it more difficult for you to handle and survive the situation. It would really be great to have an insurance company have your back, like Aussie Insurance Critic does for all its clients.

While we hope and do what we can to make sure that occupational injuries do not occur, these are inevitable circumstance, and it is best to always be prepared when it comes.