Wrongful death claims - When people lose their lives due to the misconduct or negligence of others or due to someone’s ill motive, the same is classified as wrongful death. In such cases, there is not only justice that has to be administered on the negligent person but also the surviving members are to be compensated.
Earlier there were not laws governing wrongful deaths, when the death was due to negligence and not an intentional act. But now, there are laws governing the same and hence there are also laws for compensation and claim to the survivors from the deceased family. In case of a wrongful death, either the deceased’s family or the beneficiary of the will as declared by the statute in the Ireland can file a claim against the person who is liable for the incident.
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Dublin Wrongful Death Claims Solicitors
Categories of wrongful deaths
There are typically the below categories of wrongful deaths that one might come across.
- Wrongful death by intention: This is classified under murder where the intention of the convicted was to bring harm to the deceased.
- Wrongful death due to carelessness: These are your road accidents where the other driver was Driving under Influence of alcohol or any other drug which caused the accident resulting in death.
- Wrongful death due to negligence: A typical example would be the death of a worker due to management negligence in maintenance of the factory or in following safety regulations as required. See Workplace accidents.
- Wrongful death due to malpractice: These are cases where the deceased suffered death due to the medical malpractice at his doctor’s, which could be a wrong diagnosis or medication.
Who can file wrongful death claim
In general, anyone who suffers emotional and monetary loss due to the loss of the deceased can file a claim for wrongful death. However, there are certain statutes on who can file the claim.
- Spouses or children: In Ireland, the law allows the claim to be raised by the children (both adopted and biological) and the spouses for wrongful death.
- Financial dependents: The law allow those who were dependent financially on the deceased to raise the claim irrespective of whether they are related to the deceased or not.
- Distant family: Even family members like siblings, grandparents are allowed to raise a wrongful death claim. A grandmother can raise a suit for her grandchild if she has been raising the child by herself.
The possible defendants could be the driver who was driving the other vehicle in case of accidents or the management which did not reinforce safety regulations or the doctor who administered the wrong treatment. There are also certain persons and government agencies which have immunity against such claims. This means, you cannot sue them for wrongful death claims. It is therefore better to employ a Dublin wrongful death solicitor who has much experience and knowledge in the field to navigate through your case.
What can you claim for
The wrongful death claim helps you to recover the damages related to some of the expenses and losses you have suffered. This includes:
- Funeral expenses, medical bills associated with the death, or any other expenses that you had to incur which is associated with the deceased.
- Anticipated income from the deceased which is now lost due to their death can also be recovered.
- Any specific inheritance loss due to the sudden demise of the deceased.
- Loss with respect to the service or care the deceased would have given if he was alive.
- Damages suffered due to loss of benefits such as insurance, pension, retrials, etc.
- Other than the monetary loss, one can also claim for emotional loss like the loss of affection, care, love. One can include the emotional stress and pain they had to go through because of this loss.
What are the pre-requisites
The most important pre-requisite is to ensure that we have the evidence proving that the death was indeed caused wrongfully due to the negligence or misconduct of another person/party. Once you have the necessary information/evidence that the death was indeed wrongful and you have identified the person liable, then the next step is to have the below records or information ready to proceed forward.
- All documentation related to the death of the person including the medical bills, hospital admission receipts, the doctor’s diagnosis, and any other hospital expense.
- All documentation related to the funeral with the respective bills.
- For getting damages paid on anticipated income, you need to have the documents for illustrating the amount of loss by means of income from the deceased.
- For loss of benefits like insurance, retrials, etc., you need to have the documentations handy on the premiums paid so far, what is pending to be paid and so on.
- On the emotional front, you should be able to demonstrate and explain how the death has affected your everyday normal routine and what is the suffering incurred by you and your family.
Once you have all the above data ready, you can get in touch with our wrongful death claim lawyer, who is aware of the legalities and the law of Ireland, to take you through the claim processing.
Why hire a wrongful death lawyer
When you are mourning the death of your loved one and are in the midst of handling the preparation of their funeral, you may not find the time or the mind set to prepare or file a wrongful death claim. Also, with the different statute of limitations, one has to ensure that the claim is filed on time to reap its benefits. Also with different laws, it could be quite a confusing and a challenging task for a layman to think about it. With the help of a lawyer, one can easily prepare the claim and file it within the specified time period.