The Elements of a Wrongful Death Claim
Generally, a wrongful death claim consists of basic elements which need to be proven in a court of law: 1. The death was caused, in whole or part, by the defendant's conduct. 2. The defendant was negligent or strictly liable for the victim's death. 3. There are survivors (spouse, children, beneficiaries). 4. Monetary damages have resulted from the victim's death.
Appointment of a Personal Representative
When someone dies, the law no longer recognizes the deceased as having legal standing or rights. Instead, an "estate" is the legal entity which represents the deceased person's legality. The estate must be created, or "raised," through a petition filed in the probate court. The petition seeks appointment of a personal representative (also known as a "PR"), who will be the face of the estate and have the legal obligation to act in good faith and in the estate's best interests. The PR can authorize the filing of a wrongful death claim, lawsuit, and settlement of the wrongful death claim. The PR also has the obligation to oversee distribution of wrongful death settlement proceeds (of judgment funds) to the estate's creditors and beneficiaries.
Wrongful Death Damages
Depending on the type of evidence that exists, compensation may be awarded for: • Funeral and burial expenses • Medical bills • Loss of income • Financial loss • Loss of companionship for the spouse and children
