In addition to the emotional trauma of having a loved one pass away due to wrongful death, families may also face considerable financial difficulties. The compensation provided by a wrongful death lawsuit can help ease this financial burden.

Wrongful death occurs when a person or entity fails to fulfill a legal duty and a death occurs.

When this happens, a wrongful death lawsuit can be filed by certain surviving family members or by a personal representative from the estate of the deceased.

In a wrongful death lawsuit, the plaintiff must prove certain things to be compensated. Plaintiffs must prove:

· A person or entity behaved negligently or committed an intentional wrongful act.

· Their actions were the direct cause of a death.

· There are damages associated with the death.

If these elements are proven, surviving family members or the estate of the deceased could be awarded compensation by a court. They also could be offered a settlement by the party who caused the death to occur or their insurer.

Wrongful death claims are like personal injury lawsuits but they occur when an accident does not just cause injuries but instead results in death.

In a personal injury claim, accident victims can sue or negotiate a settlement on their own behalf to gain compensation from those who harmed them.

Personal injury victims must show the defendant intentionally or negligently caused them harm. If they do, they can recover compensation for medical bills, lost wages, pain and suffering and emotional distress.

In a wrongful death claim, the family or personal representative of the deceased pursues a case against those responsible for causing the fatality. They can file a lawsuit or negotiate a settlement and can recover compensation for medical bills and pain and suffering the deceased experienced prior to death. They can also receive compensation for funeral bills and burial costs, as well as for loss of the deceased person’s future income and companionship.

Wrongful death claims are civil lawsuits, filed by a person or family against a person, business or company. The purpose is to obtain financial compensation for the loss of a loved one and the loss of their income.

In many cases, when a death occurs, criminal charges such as homicide, murder or manslaughter are also appropriate. Criminal cases are brought by the state for a violation of laws. Potential penalties include jail time.

The standard of proof is different in criminal cases versus a wrongful death case.

A prosecutor must prove the elements of a crime beyond a reasonable doubt. But in a civil case like a wrongful death case, the plaintiff must prove the case by a preponderance of the evidence.

It is important to understand who can pursue a wrongful death lawsuit. Those who can make this type of claim, depending upon the circumstances, include:

· Surviving spouses

· Parents or children

· Other immediate family members

· A personal representative of the deceased person’s estate

Wrongful death cases also can be pursued against someone who negligently caused harm. If a plaintiff pursues a claim based on negligence, the plaintiff must show the defendant acted with a level of care below what an average reasonable person would have exhibited in the same situation.

Examples of wrongful death cases arising out of negligence include:

· Car accidents.

· Defective products.

· Slip and fall cases.

· Dog bites and animal attacks

· Construction accidents.

Cooper Levenson is a full-service law firm established in 1957. The firm includes 70 attorneys with offices in Atlantic City and Cherry Hill, N.J.; New York, N.Y.; Wilmington, Del.; Fort Lauderdale, Fla, and Las Vegas, Nev. Cooper Levenson personal injury attorneys can be reached at (609) 572-7788.