How to Know Who is Entitled to a Settlement in a Wrongful Death Case
In a wrongful death case, the injured party is not just the person who died. The deceased’s spouse, children, parents, and siblings may be entitled to compensation for their losses as well.
This article will explain how to determine who is entitled to compensation in a wrongful death claim.
Spouses and Parents
A spouse is legally entitled to receive compensation in a wrongful death case because they had a legal duty to care for each other during their marriage. A spouse also has a right to recover damages even if they were living separately from the deceased person at the time he or she died (if they were still legally married).
Parents are also entitled to recover damages under certain circumstances. For example, if one parent dies and leaves behind minor children who depend on them financially (such as paying rent), then their estate may be entitled to compensation from their wrongful death lawsuit.
Law firms will be better able to determine the difference in your particular case.
The Wrongful Death Statute
Every state has a statute that allows certain people to bring a wrongful death lawsuit against someone else who caused the death of their loved one. In most states, the statute allows spouses, children, parents, and siblings to recover damages when the decedent’s death was caused by negligence or intentional acts of another person or entity (like a company).
The amount of compensation they are entitled to recover varies from state to state. For someone to recover damages under the wrongful death statute, there must be some proof that:
- the decedent would have lived if not for the defendant’s negligence or intentional conduct; and
- the decedent had an expectation of life at the time of his injury or death (meaning he would likely have lived for more than six months had it not been for your actions).
Get a Philadelphia wrongful death attorney in such complex cases to represent your side of the story better.
Legal Obligations and Where They Do Not Apply
If you have been injured in an accident or lost a loved one, you may feel entitled to compensation for your pain and suffering, medical bills, and other damages. However, there are times when the person responsible for causing your injuries or death is not legally obligated to pay any damages.
In the case of wrongful death, certain circumstances determine who is entitled to compensation from the estate of a deceased person. You may be entitled to compensation if:
- You were injured in an accident that was caused by another driver’s negligence.
- The driver who caused the accident was intoxicated or driving under the influence of drugs at the time of the incident.
- You have suffered severe injuries because of someone else’s actions, such as those sustained during an assault or robbery.
You are highly recommended to seek the professional help of a Philadelphia wrongful death attorney or lawyer if you find yourself in any of the above situations.
Philadelphia Injury Lawyers can help you out in these cases. We are a reputed law firm and our attorneys and lawyers are specialized in wrongful death cases. From investigative assistance to presenting the strongest case in court – you can leave it all to us.