Wrongful Death Claim: Are Siblings Eligible to File One?

Nothing adequately prepares you for the pain that comes with losing a loved one. In addition to dealing with grief, family members usually have to deal with the financial hardship accompanying the loss. In Parkville, wrongful death compensation helps offset some of the difficulty you have to deal with after the death of a loved one. Unfortunately, however, only a few people can file a wrongful death claim.

Losing a sibling is a different kind of pain. When you learn that your sibling has passed away because of someone’s negligence, you might want to file for wrongful death action. However, most siblings are confused about whether they have the legal rights to do this. The Parkville wrongful death lawyers at Pinder Plotkin, LLC, will walk you through all you need to know in this article.

What Is Wrongful Death?

When a fatal incident occurs due to someone’s negligent action, it is referred to as wrongful death. For example, it is more common in car accidents because the driver’s not paying attention. Sometimes, it is due to reckless driving or the consequence of a driver driving under the influence. Wrongful death can also happen due to intentional killing. However, this is usually a criminal case rather than a civil case.

Some of the situations where you can file a lawsuit are:

Car Accident

Although there are many safety features available today to protect drivers and their passengers, there are times when these protections are just not enough to save a life. High-speed accidents can lead to the death of a person. Also, some negligent drivers may end up taking someone’s life due to their negligent actions. It can be pretty tricky sometimes to avoid a speeding vehicle. If you’re a driver whose action led to the death of someone else, you can be sued for compensation.

Medical Malpractice

The negligent action of a medical practitioner can also lead to the death of a patient. It is pretty common in medication and surgical errors. A healthcare professional might make a mistake, and the patient will pay for it with their life. Wrongful death can also be because of a wrong diagnosis that could cause disease not to be found and cured till it’s too late. You can sue the doctor and hospital in such a case.

Premises Liability

Slip and fall accidents are widespread and can sometimes lead to fatalities. It is pretty common when a person falls down the stairs or trips on faulty sidewalks. It could cause a head injury which would lead to death. The property owner could be held responsible and sued.

Product Liability

If a product causes the death of an individual, you can sue the company for wrongful death. For example, some electrical equipment could lead to electric shocks; some machinery could malfunction and cause serious injuries. Some vehicles come with faulty parts like faulty brakes or gas lines. In such a situation, you could sue the company for wrongful death.

Can Siblings Sue for Wrongful Death?

In most cases, only spouses and children of the deceased can sue for wrongful death. The spouse usually gets half of the compensation while the children get the other half. Under Maryland’s wrongful death law, a sibling can only file a wrongful death claim if they were financially dependent on the deceased and the deceased had no spouse, children, or parents to file the claim.

Your wrongful death lawyer will help you determine if you can file a wrongful death claim.

Compensations You Can Get for Wrongful Death

These lawsuits usually depend on the circumstance of the accident leading to the deceased’s death. The compensation is for the damages the victim would have received if they survived.

Economic Damages

The economic damages are those damages you can assign a set numerical value to. They usually cover medical bills and other healthcare expenses. It could also cover lost wages for the period the deceased missed at work and the loss of future wages.

Non-Economic Damages

Non-economic damages compensate for your emotional, mental, and physical trauma. While no financial recovery can resolve these issues, victims’ families can pursue non-economic damages.

How Pinder Plotkin, LLC, Can Help You

If you lost a sibling because of someone’s negligent or intentional action, you don’t have to be alone in the wrongful death claim process. At Pinder Plotkin, LLC, our wrongful death lawyers can help you build your case and ensure you get your rightful compensation. Initial compensation is free, so contact us today.

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