Wrongful death is a tragic event, and it can have a devastating effect on families and businesses alike. If an individual or organization has been accused of causing a wrongful death, it is important to address the situation promptly and professionally. Handling wrongful death claims against a business can be complicated, but organizations must understand the legal implications and how to protect their interests and make sure to take as minimal damage as possible.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action initiated by the surviving family members of a deceased person against the person or persons responsible for the death. These claims are brought in civil court and seek to compensate the survivors for their losses, such as lost wages, medical expenses, and pain and suffering.
When a death occurs due to negligence, a wrongful death claim can be filed. Negligence can include such actions as a motor vehicle accident caused by a careless driver, medical negligence resulting in a fatality, a dangerous product that caused an unexpected death, or any other situation where a person’s carelessness caused the death of another.
To pursue a wrongful death claim, the deceased’s family must prove that their loved one’s death directly resulted from another person’s negligence. This proof must include evidence that the other party acted in such a way that was contrary to what a reasonable person would have done in the same situation. The family must also prove that the death resulted in financial losses, such as lost wages, medical expenses, and pain and suffering.
What Damages Can They Seek from Your Business?
If a business is responsible for wrongful death, the survivors of the deceased may seek damages from the business. When pursuing a wrongful death claim against a business, the deceased’s survivors may seek damages for a variety of losses, including:
Medical expenses incurred by the deceased before their death can be claimed in a wrongful death lawsuit. This includes any medical bills related to the death, such as hospital stays, doctor visits, and prescription costs.
Funeral expenses incurred by the deceased’s family can also be claimed in a wrongful death lawsuit. This includes the cost of the funeral, burial, cremation, and related services.
Pain and Suffering
Pain and suffering endured by the deceased before their death can be claimed in a wrongful death lawsuit. This includes any physical pain, mental anguish, and emotional distress the deceased experienced due to the incident.
Lost wages earned by the deceased before their death can be claimed in a wrongful death lawsuit. This includes any income the deceased would have earned had they not passed away.
Loss of Companionship
Loss of companionship, also known as loss of consortium, can be claimed in a wrongful death lawsuit. This includes the loss of love, affection, comfort, and companionship the deceased’s family and friends experience due to the incident.
Awareness of the potential for wrongful death claims against your business is important. While these claims can be difficult to deal with, it is important to take them seriously and take steps to protect your business. You can do a few key things to help reduce the risk of these claims, including having adequate insurance coverage and taking steps to improve safety in your workplace.
If you are seeking a wrongful death attorney in Birmingham, AL, you can hire us at MHM Firm. We make sure our clients get the justice they deserve, regardless of what the case is. Get in touch with us to learn more about what we can do for you.