Losing a loved one is never easy, but it can be even more challenging when their death was caused by someone else's negligence or intentional wrongdoing. In legal terms, this is known as wrongful death. If you believe that your loved one's death was the result of someone else's actions, you may be able to file a claim to seek compensation for your losses. This guide provides helpful information you should know. 

What Is Wrongful Death? 

Wrongful death is a legal term used to describe a situation where someone dies due to another person's negligence, recklessness, or intentional actions. For instance, a claim can be filed in cases such as car accidents, medical malpractice, workplace accidents, and product liability. In such cases, the plaintiff (the person filing the claim) must prove that the defendant (the person or entity being sued) was responsible for the victim's death and that the death caused the plaintiff's damages. 

Who Can File a Wrongful Death Claim? 

Each state has its own laws regarding who can file a claim. Generally, the plaintiff must be a close family member of the deceased, such as a spouse, child, or parent. In some states, a domestic partner or other dependent may also be able to file a claim. A representative of the deceased individual’s estate may have to file the claim in other situations. It's important to note that the statute of limitations for filing this type of claim varies by state, so it's crucial to consult with an attorney as soon as possible to ensure you don't miss any deadlines. 

Types of Damages That Can Be Compensated 

If you file a successful wrongful death claim, you may be able to recover damages for your losses. These damages can include economic damages, such as funeral expenses, medical bills, and lost wages, as well as non-economic damages, such as pain and suffering, loss of companionship, and emotional distress. In some cases, punitive damages may also be awarded if the defendant's actions were particularly egregious, but this varies by state. 

If you need assistance filing a wrongful death claim, put your trust in Balderrama Law Firm LLC in Carlsbad, NM. They understand how challenging it is to lose a loved one under these circumstances and will handle your case with the utmost discretion and compassion. They have been serving clients for nearly a decade and provide quality legal representation to help you attain the justice and compensation you deserve. Contact them today at (575) 234-1111 to schedule a free case evaluation or visit their website for more information.