Losing a loved one because of another person’s carelessness is one of the hardest experiences anyone can face. The legal process can’t take away the pain, but it can help families find justice and financial stability. That’s where working with an experienced legal team becomes important. These cases allow surviving relatives to pursue compensation for losses like medical costs, lost income, and emotional suffering. Below, our friends at Blaszkow Legal talk about how wrongful death law functions, who can file a claim, and what families can expect during the process.
What Wrongful Death Law Covers
Wrongful death law applies when a person dies as a result of another’s negligent or reckless act. Common examples include car accidents, medical mistakes, workplace incidents, and defective products. The goal is to hold the responsible party accountable for the harm caused, not just emotionally but financially. While the case is filed in civil court, it differs from criminal prosecution. The burden of proof is lower in a wrongful death case, meaning families only need to show that negligence more likely than not caused the death. Damages often include funeral expenses, lost future earnings, and compensation for emotional pain. It’s also possible for a wrongful death case to proceed even if criminal charges are dropped or if the defendant is found not guilty. Civil law gives families another avenue to seek accountability.
Who Can File A Claim
Every state has its own laws regarding who may bring a wrongful death claim. Generally, immediate family members such as spouses, children, and parents are eligible. In some cases, representatives of the estate can file on behalf of the surviving family members. The time frame to file, called the statute of limitations, is also different depending on the state. Missing that deadline can result in losing the right to compensation entirely. That’s why it’s best to take action as soon as possible with a wrongful death lawyer after the loss. When filing, families must demonstrate how the death caused financial or emotional harm. This can include proof of dependency on the deceased person’s income or evidence of mental anguish. Courts will review each element carefully before determining what damages to award.
How Compensation Is Calculated
Compensation in wrongful death cases varies depending on several factors. Economic losses are often easier to quantify and may include medical costs before death, funeral expenses, and the loss of financial contributions. Non-economic damages are more subjective, covering grief, emotional suffering, and loss of companionship. Courts consider the deceased person’s age, occupation, and expected lifespan when calculating these damages. For instance, a young parent with children may represent a higher economic loss than an older retiree. In some states, punitive damages may also be awarded if the defendant’s actions were especially reckless or intentional. This financial recovery helps ease the burden of unexpected costs and allows families to rebuild some sense of stability during an incredibly difficult time.
A Path Toward Accountability And Healing
Wrongful death cases are not only about financial recovery—they help promote accountability. When people or companies are held liable for negligence, it can prevent similar tragedies in the future. Many families also find that pursuing justice provides a sense of closure, even when the process is emotionally demanding. Through these cases, the law seeks to acknowledge the full impact of a preventable death, offering families a measure of justice that respects both their grief and their rights. At The Law Office of Jeffrey Weiskopf, we recognize the immense emotional and financial challenges families face after such a loss. Wrongful death law exists to help bring accountability and support to those left behind, guiding them toward healing through justice rather than despair.