Losing a loved one can be distressing, especially when their demise is due to someone else’s negligence or intentional harm. In such tragic circumstances, family members may be able to seek justice through a wrongful death lawsuit.
If your loved one unfortunately suffered a wrongful death, are you eligible to file a lawsuit? Moreover, are you aware of the rights of the deceased’s spouse, children, parents and relatives?
What is a wrongful death claim?
An individual or entity responsible for the negligent or intentional act that caused the death of another person may face a wrongful death claim. In Oregon, those who can file a wrongful death lawsuit include the following:
- The deceased’s surviving spouse or registered domestic partner
- The deceased’s children or stepchildren
- The parents or stepparents of the deceased
- A personal representative of the deceased’s estate
Furthermore, other family members can file a wrongful death lawsuit in exceptional circumstances. For instance, if the deceased had no surviving immediate family members, a grandparent, sibling or other relative could file the lawsuit.
Damages in a wrongful death claim
Meanwhile, the deceased’s family member or representative may be able to recover various damages to compensate for the losses suffered because of the death. They can pursue economic damages, such as medical fees, funeral and burial costs and the loss of the deceased’s expected income and benefits.
They can also seek noneconomic damages, such as the loss of the deceased’s companionship, love and support. In some cases, punitive damages may be awarded to punish the defendant for their extremely harmful behavior.
Pursuing compensation and justice
Navigating the legalities of wrongful death can be challenging and overwhelming during a time of grief. By seeking legal support, you may study your options and understand the process. Moreover, you may file a lawsuit to pursue not just compensation but also justice for your departed loved one.