– Legal Basis: Wrongful death claims arise when a person dies due to the negligence or intentional act of another. These cases are brought by the deceased’s estate or surviving family members.
Key Issues:
– Standing: Only certain individuals (e.g., spouses, children, or parents) can file a wrongful death claim, depending on state law.
– Causation: The plaintiff must prove that the defendant’s actions directly caused the death.
– Damages: Compensation may include funeral expenses, lost income, loss of companionship, and pain and suffering of the deceased before death.
– Relation to Car/Truck Accidents: Wrongful death claims often arise from car or truck accidents when the collision results in a fatality.